Appellate Division: Second Judicial Department

M47900

M/mv

2006-05949 In the Matter of Beth Fucci, respondent, v John Burton, appellant. (Docket No. F-01789-03)

ORDER TO SHOW CAUSE

Appeal by John Burton from an order of the Family Court, Rockland County, dated May 15, 2006. By decision and order on motion of this court dated October 17, 2006, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 21, 2006, upon the submission of proper papers establishing that the appellant is entitled to poor person relief and is interested in pursuing the appeal. The appellant has failed to do so. 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 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 18, 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