| Matter of Masterson v Masterson |
| Motion No: 2009-06458 |
| Slip Opinion No: 2009 NY Slip Op 85624(U) |
| Decided on October 13, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M93012
M/cb
|
2009-06458 In the Matter of Kathy D. Masterson, respondent, v Robert E. Masterson, appellant. (Docket No. F-13731-05)
| ORDER TO SHOW CAUSE |
Appeal by Robert E. Masterson from an order of the Family Court, Nassau County, dated May 29, 2009. The transcripts were received by the appellant by August 31, 2009, and pursuant to the scheduling order of this court dated July 23, 2009, 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 July 23, 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 October 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