Appellate Division: Second Judicial Department

M59071

S/cb

2007-04083 In the Matter of Patricia F. Scialoia-Miller, respondent-appellant, v Kenneth P. Scialoia, appellant-respondent. (Docket Nos. V-14018-04, O-13014-04)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Family Court, Westchester County, dated March 30, 2007. By scheduling order dated July 19, 2007, the appellant and cross appellant were 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 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) an affidavit or an affirmation withdrawing the appeal.

The parties have 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 and cross appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 19, 2007, 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 September 14, 2007; 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