| Matter of Miller v Miller |
| Motion No: 2025-06114 |
| Slip Opinion No: 2026 NY Slip Op 64810(U) |
| Decided on March 23, 2026 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M312161
ECQ/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
CARL J. LANDICINO
SUSAN QUIRK, JJ.
|
2025-06114, 2025-06115 In the Matter of Jack Miller, appellant, v Sherry Miller, respondent. (Docket Nos. V-10358-2024, V-3056-2025)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Nassau County, both dated May 5, 2025. By order to show cause dated January 26, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals for failure to comply with a scheduling order dated July 21, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Application by the appellant, in effect, to extend the time to comply with the scheduling order.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, and within 30 days of 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 appeals; 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 appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this decision and order on motion, the appeals may be dismissed, without further notice.
DUFFY, J.P., CHRISTOPHER, LANDICINO and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court