Matter of Rivera v Echavarria
Motion No: 2005-05645 +1
Slip Opinion No: 2006 NYSlipOp 76786(U)
Decided on September 28, 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

M45070

S/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2005-05645, 2005-05646

In the Matter of Jose Rivera, appellant,

v Dagnes Echavarria, respondent.

(Docket Nos. V-13848-01, F-30555-04)

ORDER TO SHOW CAUSE

Appeals by Jose Rivera from two orders of the Family Court, Kings County, both dated April 4, 2005. By decision and order on motion dated October 25, 2005, this court granted the appellant's motion for a reconstruction hearing with respect to the minutes of a hearing held before the Family Court, Kings County, on January 18, 2005. By order dated June 13, 2006, the Family Court, Kings County, indicated that the hearing of January 18, 2005, could not be reconstructed. The parties have not sought any additional relief or perfected the appeal.

Now, on the court's own motion, 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 as abandoned by filing an affirmation or affidavit on that issue with the Clerk of this court on or before October 13, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

CRANE, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court