Appellate Division: Second Judicial Department

M293326

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2023-06777 Roxanna Castillo, respondent, v Antonio Castillo, appellant. (Index No. 50211/2019)

DECISION & ORDER ON MOTION

Appeal by Antonio Castillo from a judgment of the Supreme Court, Kings County (IDV Part), dated May 2, 2023. By order to show cause dated October 6, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal as to financial issues only in the above-entitled action for failure to comply with a scheduling order dated August 9, 2023, 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 the appeal in the above-entitled action as to financial issues shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Acting Clerk of this Court one of the following as to financial issues:

(1) an affidavit or affirmation stating that there are no minutes of the Supreme 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 as to financial issues; and it is further,

ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been

taken within 30 days of the date of this scheduling order, the appeal as to financial issues will be dismissed without further notice.

DILLON, J.P., GENOVESI, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court