Appellate Division: Second Judicial Department

M46948

M/mv

2006-07514 In the Matter of Jessica L. (Anonymous). Nassau County Department of Social Services, petitioner-respondent; Andres L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Kathy C. (Anonymous). Nassau County Department of Social Services, petitioner-respondent; Andres L. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. N-13598-05, N-13599-05)

ORDER TO SHOW CAUSE

Separate appeals by Andres L. and Maria C. from an order of the Family Court, Nassau County, dated July 12, 2006. By scheduling order dated August 21, 2006, the appellant Andres L. 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 appeal; or

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

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

(4) if the appellant Andres L. was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal 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 appeal of the appellant Andres L.

The appellant Andres L. 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 of Andres L. in the above-entitled proceeding for failure to comply with the scheduling order dated August 21, 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 December 4, 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.