Appellate Division: Second Judicial Department

M68049

S/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-07816 Aisha Ahmed, respondent, v Khurshid Ahmed, appellant. (Index No. 03-19733)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the Supreme Court, Westchester County, dated July 31, 2007. The appeal was perfected on the appendix method on November 15, 2007. The respondent filed a brief on February 19, 2008.

Now, on the court's own motion it is

ORDERED that the parties or their attorneys show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appendix is inadequate as it does not contain relevant portions of the hearing transcripts (see CPLR 5528[a]; 5529[b], [c]; 22 NYCRR 670.10[c]; Cross Westchester Dev. Corp. v Sleepy Hollow Motor Ct., 222 AD2d 644), by filing affirmations or affidavits on that issue in the office of the Clerk of this court and serving one copy of the same on the other parties to the appeal on or before April 11, 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.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court