Appellate Division: Second Judicial Department

M66430

M/

2008-00104, 2008-00105 In the Matter of Naomi Palmer-Cardona, appellant, v Jose Cardona, respondent. (Proceeding No. 1) In the Matter of Jose Cardona, respondent, v Naomi Palmer-Cardona, appellant. (Proceeding No. 2) (Docket Nos. V-00309-06, V-00310-06, V-00312-06)

ORDER TO SHOW CAUSE

Appeals by Naomi Palmer-Cardona from two orders of the Supreme Court, Kings County (IDV Part), both dated November 29, 2007. By scheduling order dated January 9, 2008, 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 appeals; or

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

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

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

The appellant 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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated January 9, 2008, 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 March 10, 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