Appellate Division: Second Judicial Department

M110476

M/ct

2010-06996, 2010-06998 In the Matter of Alexander Toro, appellant, v Luz Adriana Villada, respondent. (Docket No. F-04713-07)

ORDER TO SHOW CAUSE

Appeals by Alexander Toro from two orders of the Family Court, Westchester County, dated January 1, 2010, and June 22, 2010, respectively. By scheduling order dated September 23, 2010, 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 September 23, 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 November 23, 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:

Matthew G. Kiernan

Clerk of the Court