| Matter of Keating v Keating |
| Motion No: 2012-05054 |
| Slip Opinion No: 2012 NY Slip Op 80048(U) |
| Decided on July 27, 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
M141168
T/ct
|
2012-05054
In the Matter of Matthew J. Keating, respondent- appellant, v Wanda Keating, appellant-respondent. (Docket No. V-12519/09/09A)
| ORDER TO SHOW CAUSE |
Appeal by Wanda Keating and cross appeal by Matthew J. Keating from an order of the Family Court, Westchester County, dated April 20, 2012. By scheduling order dated June 14, 2012, the appellant-respondent 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) if the appellant-respondent was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The parties have 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 and cross appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 14, 2012, 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 27, 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