Appellate Division: Second Judicial Department

M46938

M/mv

2006-02464, 2006-02465, 2004-02466, 2004-02467 In the Matter of Sheri Elledge, appellant-respondent, v Herbert Molzahn, respondent-appellant. (Proceeding No. 1) In the Matter of Herbert Molzahn, respondent-appellant, v Sheri Elledge, appellant-respondent. (Proceeding No. 2) (Docket No. V-1336-04, O-1377-04)

ORDER TO SHOW CAUSE

Appeals by Sheri Elledge from two orders of the Family Court, Orange County dated September 2, 2005, and February 2, 2006, respectively, and two orders of the same court both dated January 25, 2006, and cross appeal by Herbert Molzahn from the order dated February 2, 2006. By scheduling order dated March 23, 2006, the appellant-respondent 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 and cross appeal; 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) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. The attorney for the appellant has failed to contact the court about the status of the appeal despite repeated requests. 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 and cross appeal in the above-entitled proceeding as abandoned, 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 November 30, 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.