| Matter of Aruti v Aruti |
| Motion No: 2010-11608 |
| Slip Opinion No: 2011 NY Slip Op 78564(U) |
| Decided on July 18, 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
M123074
J/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2010-11608
In the Matter of Maria G. Aruti, respondent, v Ike Aruti, appellant. (Docket Nos. V-13470/07, V-13471/07, V-13983/07, V-13984/07)
| ORDER TO SHOW CAUSE |
Appeal by Ike Aruti from an order of the Family Court, Queens County, dated October 22, 2010. By scheduling order dated February 24, 2011, 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 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) an affidavit or an affirmation withdrawing the appeal.
By decision and order on motion dated April 29, 2011, the date within which to comply with the scheduling order was extended until June 1, 2011. 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 February 24, 2011, as modified by the decision and order on motion dated April 29, 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 August 8, 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.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court