Appellate Division: Second Judicial Department

M91912

E/cb

2009-04646 In the Matter of Giovanni Malatesta, respondent, v Dorina T. Greco, appellant. (Docket Nos. V-2164-06, V-02423-08)

ORDER TO SHOW CAUSE

Appeal by Dorina T. Greco from an order of the Family Court, Westchester County, dated April 23, 2009. By scheduling order dated July 20, 2009, the appellant was directed to file one of the following in the office of the clerk of the court, within 15 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

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 July 20, 2009, 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 September 30, 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