Matter of Cabo v Smith
Motion No: 2007-06653
Slip Opinion No: 2008 NYSlipOp 63668(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

M66073

M/

2007-06653

In the Matter of Meliane Cabo, appellant,

v Steven Smith, respondent.

(Docket No. O-28938-03)

ORDER TO SHOW CAUSE

Appeal by Meliane Cabo from an order of the Family Court, Kings County, dated June 27, 2007. By scheduling order dated July 26, 2007, the appellant 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 transcripts have not been filed, and may not have been paid for, and the appeal has not been perfected. On the court's own motion, 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 perfect, 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