Appellate Division: Second Judicial Department

M68803

M/cb

2007-11012 In the Matter of Dawn Miller, appellant, v Richard Porter, respondent. (Docket Nos. V-2442/04, V-2443/04)

ORDER TO SHOW CAUSE

Appeal by Dawn Miller from an order of the Family Court, Dutchess County, dated October 30, 2007. By decision and order on motion of this court dated February 6, 2008, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before March 7, 2008, upon the submission of proper papers establishing that she is entitled to poor person relief and is interested in pursuing the appeal. The appellant has failed to do so. 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 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 April 24, 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