Appellate Division: Second Judicial Department

M132228

E/ct

2011-09189 In the Matter of Jose Antonio Lazo, appellant, v Olga Cherrez, respondent. (Docket Nos. F-21257-05/09G, F-21257-05/10H)

ORDER TO SHOW CAUSE

Appeal by Jose Antonio Lazo from an order of the Family Court, Queens County, dated September 8, 2011. By scheduling order dated October 19, 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 Family 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 complied with the scheduling order, but failed to respond to subsequent inquiries by the Court. 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 proceedings for failure to respond to the Court's inquiries regarding the status of the appeal, 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 17, 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