Opinion
Motion No: 2016-01912
06-06-2016
In the Matter of Francesco Mignone, appellant, v. Tiffany Arcaro, respondent.
M212761
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
(Docket Nos. V-2308-15, V-6157-15)
DECISION & ORDER ON MOTION
Appeal by Francesco Mignone from an order of the Family Court, Westchester County, dated January 11, 2016. By order to show cause dated May 2, 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 proceeding for failure to comply with a scheduling order dated March 16, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][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 § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before July 6, 2016, the appellant shall file an affidavit or affirmation in the office of the Clerk of the Court stating whether the transcript has been received, and indicating the date that it was received, or, if the transcript has not been received, 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 on or before July 6, 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