Appellate Division: Second Judicial Department

M105391

M/ct

2010-00876 In the Matter of Kelly Lupoli, respondent, v Michael Stewart, Sr., appellant. (Docket No. V-01339-09

ORDER TO SHOW CAUSE

Appeal by Michael Stewart, Sr. from an order of the Family Court, Suffolk County, dated December 2, 2009. The transcripts were received by the appellant on or before April 21, 2010, and pursuant to the scheduling order of this court dated January 29, 2010, 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 January 29, 2010, 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 July 27, 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