Matter of B. (Anonymous), Demetri
Motion No: 2007-08487
Slip Opinion No: 2008 NYSlipOp 63662(U)
Decided on February 13, 2008
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

M66151

M/

2007-08487

In the Matter of Demetri B. (Anonymous),

appellant,

(Docket No. D-05642-07)

ORDER TO SHOW CAUSE

Appeal by Demetri B. from an order of the Family Court, Kings County, dated August 29, 2007. By order dated November 7, 2007, the following attorney was assigned as the law guardian to represent the appellant in the above-entitled appeal:

Leighton Jackson, Esq.

315 Bleecker Street, Suite 259

New York, N. Y. 10014

646-290-7857

By scheduling order dated November 14, 2007, the law guardian 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) an affidavit or an affirmation withdrawing the appeal.

The law guardian 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 in the above-entitled proceeding for failure to comply with the scheduling order dated November 14, 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 February 29, 2008; 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 upon the parties or their attorneys by regular mail.

ENTER:

James Edward Pelzer

Clerk of the Court