Appellate Division: Second Judicial Department

M83231

M/cb

2008-11083 In the Matter of Craig G. Yokemick, appellant, v Valentina Giraldo, respondent. (Docket No. V-06593-08)

ORDER TO SHOW CAUSE

Appeal by Craig G. Yokemick from an order of the Family Court, Nassau County, dated October 27, 2008. On or about January 21, 2009, the appellant informed the court that no transcripts were necessary to perfect the appeal. Based on a scheduling order dated December 23, 2008, the appeal should therefore have been perfected on or about February 23, 2009. The appeal has not been perfected and no enlargement of time has been requested. 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 appeal in the above-entitled proceeding for failure to comply with the scheduling order dated December 23, 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 26, 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