Matter of Martinez v Martinez
Motion No: 2010-04611
Slip Opinion No: 2011 NY Slip Op 63714(U)
Decided on February 9, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114741

E/ct

2010-04611, 2010-05890, 2010-07812

In the Matter of Hector J. Martinez, appellant,

v Maria C. Martinez, respondent.

(Docket No. F-8458/06)

ORDER TO SHOW CAUSE

Appeals by Hector J. Martinez from three orders of the Family Court, Westchester County, dated November 12, 2009, March 8, 2010, and July 20, 2010, respectively. By decision and order on motion of this Court dated December 9, 2010, the appellant's time to perfect the appeals from the orders dated November 12, 2009, and March 8, 2010, was enlarged until January 24, 2011. Pursuant to the rules of the Court, the appellant had until January 26, 2011, to perfect the appeal from the order dated July 20, 2010 (see 22 NYCRR 670.8[e]). The appellant has failed to perfect the appeals.

Now, on the Court's own motion, 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 from the orders dated November 12, 2009, and March 8, 2010, in the above-entitled proceeding for failure to comply with the order dated December 9, 2010, and dismissing the appeal from the order dated July 20, 2010, in the above-entitled proceeding for failure to comply with the rules of the Court (see 22 NYCRR 670.8[e]) 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 March 9, 2011; 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