Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275989

E/sl

REINALDO E. RIVERA, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-06360 In the Matter of Heather Marie Locascio, respondent, v Costas B. Kanganis, appellant. (Docket No. F-02305-2015/2019L)

DECISION & ORDER ON MOTION

Appeal by Costas B. Kanganis from an order of the Family Court, Nassau County, dated July 24, 2020. By order to show cause dated October 14, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 31, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the respondent's assigned counsel to be relieved of the assignment and for the assignment of new counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the respondent's assigned counsel and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated August 31, 2020, is denied; and it is further,

ORDERED that the motion by the respondent's assigned counsel is denied without prejudice to renew when the appeal is perfected; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at [email protected] or 718-722-6488 with any questions.