Appellate Division: Second Judicial Department

M94863

M/cb

2009-07550 In the Matter of Moishe H. Weinstock, appellant, v Deborah Weinstock, respondent. (Docket No. F-04262-00)

ORDER TO SHOW CAUSE

Appeal by Moishe H. Weinstock from an order of the Family Court, Kings County, dated July 10, 2009. Pursuant to a scheduling order dated August 18, 2009, the appellant was directed to perfect the above-entitled appeal within 60 days of the date thereof, if no transcripts were necessary to perfect the appeal. The appellant informed this court on September 15, 2009, that no transcripts were necessary to perfect the above-entitled appeal. The appellant has failed to perfect the appeal. 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 August 18, 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 December 10, 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