Appellate Division: Second Judicial Department

M39984

M/nal

2005-11006, 2005-11008, 2005-11009, 2005-11010, 2005-11011, 2005-11013 In the Matter of Elizabeth A. (Anonymous). St. Vincent's Services, Inc., et al., petitioners- respondents; Telemaque T. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Victor T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Esther T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Paul T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Mirlaine T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Christian T., a/k/a Christin T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. B-26285/02, B-26286/02, B-26287/02, B-26288/02, B-26289/02, B-11037/03)

ORDER TO SHOW CAUSE

Separate appeals by Telemaque T. and Evelyne T. from six orders of the Family Court, Kings County, all dated August 17, 2005 (one in each proceeding). By scheduling order dated April 13, 2006, the appellant Telemaque T. 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 were no minutes of the Family Court proceedings to be transcribed for the appeals; or

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant Telemaque T. 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 appeals taken by Telemaque T. in the above-entitled proceedings for failure to comply with the scheduling order dated April 13, 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 June 9, 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