Appellate Division: Second Judicial Department

M97021

M/cb

2009-10415, 2009-10416 In the Matter of Peter Dinhofer, appellant, v Marina Zabezhanskaya, respondent. (Docket No. F-18313-03)

ORDER TO SHOW CAUSE

Appeals by Peter Dinhofer from two orders of the Family Court, Queens County, dated June 19, 2009, and September 4, 2009. By scheduling order dated November 25, 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 Family Court proceedings to be transcribed for the appeals; or

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

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

(4) 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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated November 25, 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 28, 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