| Augustin v Bullen |
| Motion No: 2011-03924 |
| Slip Opinion No: 2011 NY Slip Op 79896(U) |
| Decided on August 3, 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
M123891
S/ct
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2011-03924 DECISION & ORDER ON MOTION Wisly Augustin, appellant, v Jeannine Bullen, respondent. (Index No. 13261-05)
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On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated July 21, 2011, in the above-entitled appeal is recalled and vacated and the following order to show cause is substituted therefor:
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 18, 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