Appellate Division: Second Judicial Department

M295316

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

WILLIAM G. FORD

LOURDES M. VENTURA, JJ.

2023-11034 In the Matter of Ronald Sylvestre, Jr., appellant, v Amanda A. Burgess, respondent. (Docket No. F-15201-2018/2022D)

DECISION & ORDER ON MOTION

Appeal by Ronald Sylvestre, Jr. from an order of the Family Court, Kings County, dated November 2, 2023. By order to show cause dated January 26, 2024, 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 December 8, 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 within 30 days after the date of this scheduling order, 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 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 will be dismissed without further notice.

DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court