Appellate Division: Second Judicial Department

M82943

M/cb

2008-09967 In the Matter of Deirdre Breithaupt, respondent, v Jerry Martin Eisenstein, appellant. (Docket No. F-11248-02)

ORDER TO SHOW CAUSE

Appeal by from an order of the Family Court, Richmond County, dated September 5, 2008. The transcripts were received by the appellant on or about December 10 , 2008, and pursuant to the scheduling order of this court dated November 10, 2008, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. 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 November 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 March 20, 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