Appellate Division: Second Judicial Department

M38374

M/nal

2005-10862 In the Matter of Rosalba Morales, respondent, v Cesar O. Henao, appellant. (Docket No. O-12508-05)

ORDER TO SHOW CAUSE

Appeal by Cesar O. Henao from an order of the Family Court, Queens County, dated October 20, 2005. The transcripts were received by the appellant on or about February 2, 2006, and pursuant to the scheduling order of this court dated December 2, 2005, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. 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 December 2, 2005, 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 28, 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