Appellate Division: Second Judicial Department

M96763

M/cb

2009-09925, 2009-10094 In the Matter of Monique DiDonna, respondent, v Michael Ritter, appellant. (Docket Nos. V-1382-06, V-1383-06, O-1381-06)

ORDER TO SHOW CAUSE

Appeals by Michael Ritter from two orders of the Supreme Court, Kings County (IDV Part), both dated September 17, 2009. By scheduling order dated November 13, 2009, as amended November 17, 2009, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the proceedings to be transcribed for the appeals; or

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Supreme Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Supreme Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals.

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 appeasl in the above-entitled proceeding for failure to comply with the scheduling order dated November 13, 2009, as amended November 17, 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 January 15, 2010; 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