Appellate Division: Second Judicial Department

M99980

M/ct

2009-11403 In the Matter of Samuel Salamy, appellant, v Fern I. Salamy, respondent. (Docket No. F-05709-06)

ORDER TO SHOW CAUSE

Appeal by Samuel Salamy from an order of the Family Court, Nassau County, dated June 15, 2009. By scheduling order dated December 17, 2009, the appellant was discreted to perfect the above-entitled appeal within 60 days as no transcripts were necessary for 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 December 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 April 12, 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