| Matter of Cox v Phillibert |
| Motion No: 2013-01495 |
| Slip Opinion No: 2013 NY Slip Op 78885(U) |
| Decided on July 3, 2013 |
| 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
M158303
E/ct
|
2013-01495
In the Matter of Lisa L. Cox, appellant-respondent, v Aubrey C. Phillibert, respondent-appellant. (Docket No. F-6340-11)
| ORDER TO SHOW CAUSE |
Appeal by Lisa L. Cox and cross appeal by Aubrey C. Phillibert from an order of the Family Court, Westchester County, dated January 16, 2013. Aubrey C. Phillibert was directed, by scheduling order of this Court dated March 7, 2013, and Lisa L. Cox was directed, by decision and order on motion of this Court dated May 8, 2013, to file one of the following in the office of the Clerk of the Court, within 30 days after the date of their respective orders:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal and cross 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 or cross appeal.
Aubrey C. Phillibert has failed to comply with the scheduling order of this Court dated March 7, 2013, and Lisa L. Cox has failed to comply with the decision and order on motion of this Court dated May 8, 2013. 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 of this Court dated March 7, 2013, and the decision and order on motion of this Court dated May 8, 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 July 24, 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.
ENTER:
Aprilanne Agostino
Clerk of the Court