| Matter of W. (Anonymous), Thomas; K. (Anonymous), Mitch |
| Motion No: 2011-08553 |
| Slip Opinion No: 2012 NY Slip Op 63257(U) |
| Decided on February 3, 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. |
Appellate Division: Second Judicial Department
M132514
E/ct
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2011-08553, 2011-08555 ORDER TO SHOW In the Matter of Thomas W. (Anonymous). Westchester County Department of Social Services, respondent; Wendy K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Michelle K. (Anonymous). Westchester County Department of Social Services, respondent; Wendy K. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-15677-10, N-15679-10)
| CAUSE |
Appeals by Wendy K. from two orders of the Family Court, Westchester County, both dated March 25, 2011. By scheduling order dated December 20, 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 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 the appeals.
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 appeals in the above-entitled proceedings for failure to comply with the scheduling order dated December 20, 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 March 7, 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