Appellate Division: Second Judicial Department

M123180

E/sl

2011-05130 ORDER TO SHOW CAUSE In the Matter of Karen Hensley, petitioner-appellant, v Maurice V. Gill, respondent; Diane B. Groom, attorney for the children, nonparty-appellant. (Docket Nos. V-4893-10/A, B & D, V-4894-10/A, B & D, V-4895-10/A, B & D)

Separate appeals by Karen Hensley and Diane B. Groom, attorney for the children, from an order of the Family Court, Suffolk County, dated May 4, 2011. By scheduling order dated June 9, 2011, the appellant Karen Hensley 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 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 her appeal.

The appellant Karen Hensley 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 by Karen Hensley in the above-entitled proceeding 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