Appellate Division: Second Judicial Department

M154601

S/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2012-11404 In the Matter of Elizabeth A. Renner, appellant, v Daniel A. Costigan, respondent. (Docket Nos. F-10853-11/11A, F-10853-11/11B, F-10853-11/12D, F-10853-11/12E, F-5597-12)

ORDER TO SHOW CAUSE

Appeal by Elizabeth A. Renner from an order of the Family Court, Queens County, dated December 5, 2012. By scheduling order issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), dated January 7, 2013, the appellant was directed, inter alia, to file in the office of the Clerk of this court, on or before February 6, 2013, an affidavit or affirmation stating that the transcript for the above-entitled proceedings had been ordered and paid for, the date thereof and the date by which the transcript is expected. The appellant has not complied with this directive.

Now, on the Court's own motion, 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 comply with scheduling order issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), dated January 7, 2013, 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 May 7, 2013; 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.

RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court