Matter of H. (Anonymous), Kayden; Administration for Child
Motion No: 2011-09702
Slip Opinion No: 2012 NY Slip Op 61761(U)
Decided on January 20, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M131801

E/sl

2011-09702, 2011-09704

In the Matter of Kayden H. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Kareena H. (Anonymous),

et al., appellants.

(Docket No. N-22472-09)

ORDER TO SHOW CAUSE

Appeals by Kareena H. and Aida R. from two orders of the Family Court, Kings County, both dated August 30, 2011. By scheduling order dated December 6, 2011, the appellant Aida R. 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 are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing her appeals.

The appellant Aida R. 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 appeals by Aida R. in the above-entitled proceeding for failure to comply with the scheduling order dated December 6, 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 February 21, 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