Appellate Division: Second Judicial Department

M39633

M/nal

2006-01133 In the Matter of Joseph J. Jacaruso, appellant, v Carol M. Hennessy, respondent. (Docket Nos. V-07773-05, V-07774-05, V-07775-05)

ORDER TO SHOW CAUSE

Appeal by Joseph J. Jacaruso from an order of the Family Court, Nassau County, dated December 21, 2005. There were no transcripts for the above-entitled case, and pursuant to the scheduling order of this court dated February 9, 2006, the appeal should have been perfected 60 days from the date thereof. 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 February 9, 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 May 26, 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