Appellate Division: Second Judicial Department

M123181

E/sl

2011-03924 ORDER TO SHOW CAUSE Wisly Augustin, appellant, v Jeannine Bullen, respondent. (Index No. 13261-05)

Appeal by Wisly Augustin from an order of the Supreme Court, Suffolk County, dated April 5, 2011. By scheduling order dated June 9, 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 Supreme 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.

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 action for failure to comply with the scheduling order dated June 9, 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 11, 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