Appellate Division: Second Judicial Department

M82280

M/nl

2008-08973 In the Matter of Victoria Anne Gallipoli, appellant, v Alan Scalone, respondent. (Docket No. V-03426-00)

ORDER TO SHOW CAUSE

Appeal by Victoria Anne Gallipoli from an order of the Family Court, Dutchess County, dated August 13, 2008. By scheduling order dated October 10, 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 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.

By affirmation received here on or about November 13, 2008, the appellant informed the court that no transcripts were necessary for the appeal. No appellant's brief has been served, and the appellant has therefore 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 October 10, 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 February 25, 2009; 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