Appellate Division, Second Department:March 2, 2020

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Motion List released on: March 2, 2020

By Scheinkman, P.J., Mastro, Rivera, Dillon, Balkin, JJ. IN THE MATTER OF FRANK GOLIO, app, v. RENEE PICONE-FABISENSKI, ET AL., res — (V-2691/2692-15/19E) — On the Court’s own motion, it is ORDERED that the order to show cause of this Court dated January 14, 2020, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor: Appeal by Frank Golio from an order of the Family Court, Orange County, dated September 30, 2019. By scheduling order dated November 21, 2019, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (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, The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is ORDERED that the parties are 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 the scheduling order dated November 21, 2019, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before March 23, 2020; and it is further, ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

Appellate Division, Second Department:March 2, 2020

Appellate Division, Second Department:March 2, 2020

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