Appellate Division: Second Judicial Department

M130576

E/ct

2011-06968 In the Matter of Malissa A. Hewitt, respondent, v Charles Fowler Lindsay Hewitt, Jr., appellant. (Docket Nos. V-2751-10/10A, V-2751-10/10B, V-2751-10/10C-E, V-2752-10/10A, V-2752-10/10B, V-2752-10/10C-E)

ORDER TO SHOW CAUSE

Appeal by Charles Fowler Lindsay Hewitt, Jr., from an order of the Family Court, Suffolk County, dated June 6, 2011. By scheduling order dated August 23, 2011, the Court directed that the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order, if there were no minutes of proceedings to be transcribed. The appellant notified this Court on September 26, 2011 that there were no minutes of proceedings to be transcribed. Therefore, the appeal was to be perfected on or before October 24, 2012. The appellant has not perfected the appeal in accordance 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 August 23, 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 January 12, 2012; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail.

ENTER:

Aprilanne Agostino

Clerk of the Court