| Matter of Mayhar v Moyer |
| Motion No: 2011-04180 |
| Slip Opinion No: 2011 NY Slip Op 77385(U) |
| Decided on June 30, 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. |
Appellate Division: Second Judicial Department
M122205
E/ct
|
2011-04180
In the Matter of James Mayhar, appellant- respondent, v Jacqueline M. Moyer, et al., respondents, Jennifer Moyer, respondent-appellant. (Docket Nos. V-330-09/10A, V-998-11, V-5978-10, V-6919-10, G-3243-06/10I, G-3243-09/10J)
| ORDER TO SHOW CAUSE |
Appeal by James Mayhar and cross appeal by Jennifer Moyer from an order of the Family Court, Dutchess County, dated March 28, 2011. By scheduling order dated May 19, 2011, Jennifer Moyer 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 appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if Jennifer Moyer was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
Jennifer Moyer 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 cross appeal by Jennifer Moyer in the above-entitled proceeding for her failure to comply with the scheduling order dated May 19, 2011, 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 22, 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