Appellate Division: Second Judicial Department

M38364

M/nal

2005-09810 In the Matter of Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-00271-97)

ORDER TO SHOW CAUSE

Appeal by Vincent R. Scafidi from an order of the Family Court, Westchester County, dated September 20, 2005. By order dated February 1, 2006, the appellant was granted until April 3, 2006, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on 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 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 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