Matter of D. (Anonymous), Chevy Sylina; D., Adam Paul
Motion No: 2005-08753
Slip Opinion No: 2006 NYSlipOp 65310(U)
Decided on March 20, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M37389

M/nal

2005-08753

In the Matter of Chevy Sylina D. (Anonymous).

Jewish Child Care Association, respondent;

Monica D. (Anonymous), a/k/a Monica K. (Anonymous),

appellant.

(Proceeding No. 1)

In the Matter of Adam Paul D. (Anonymous).

Jewish Child Care Association, respondent;

Monica D. (Anonymous), a/k/a Monica K. (Anonymous),

appellant.

(Proceeding No. 2)

In the Matter of Joseph Dennis K. (Anonymous), Jr.

Jewish Child Care Association, respondent;

Monica D. (Anonymous), a/k/a Monica K. (Anonymous),

appellant.

(Proceeding No. 3)

(Docket Nos. B-17540-03, B-17541-03, B-17542-03)

ORDER TO SHOW CAUSE

Appeal by Monica D., a/k/a Monica K. from an order of the Family Court, Kings County, dated July 26, 2005. By scheduling order dated February 1, 2006, the appellant was directed to file one of the following in the office of the Clerk of the court, within 20 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys 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 February 1, 2006, 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 April 3, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court