Opinion
Motion No: 2016-01363
06-07-2016
In the Matter of Raelene Birkett, appellant, v. Kamram Chaudhri, respondent.
M212781
E/ct
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
(Docket Nos. V-37708-09/15I, V-18946-10/15F)
DECISION & ORDER ON MOTION
Appeal by Raelene Birkett from an order of the Family Court, Kings County, dated December 30, 2015. By order to show cause dated April 28, 2016, 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 proceedings for failure to comply with a scheduling order dated March 9, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant, inter alia, to direct the Family Court, Kings County, to produce a full underlying record with a certificate acknowledging that the papers forwarded to this Court are complete and unabridged.
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 in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is dismissed without prejudice to making a motion for the relief sought; and it is further,
ORDERED that on or before July 7, 2016, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating whether the transcript has been received, and, if it has not been received, 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 on or before July 7, 2016, as set forth above, the Court will dismiss the appeal, without further notice.
BALKIN, J.P., MILLER, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court