Appellate Division: Second Judicial Department

M280990

E/afa

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2021-07437 In the Matter of Elsworth E. James, appellant, v Mayerline Joseph, respondent (and another title). (Docket No. V-5992-2020/2020A)

DECISION & ORDER ON MOTION

Appeal by Elsworth E. James from an order of the Family Court, Nassau County, dated September 8, 2021. By order to show cause dated December 3, 2021, 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 October 20, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 an affidavit or affirmation stating that the transcript of the proceedings has been received and indicating the date that it was received, or, 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; 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 may dismiss the appeal, without further notice.

BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

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.