Appellate Division: Second Judicial Department

M167062

E/ct

2013-07652 In the Matter of Colin Fairweather, appellant, v Ann E. Powell, respondent. (Docket No. F-14487-10/12E)

ORDER TO SHOW CAUSE

Appeal by Colin Fairweather from an order of the Family Court, Westchester County, dated April 19, 2013. On October 2, 2013, the appellant advised the Court that he had received the transcripts and pursuant to a scheduling order of this Court dated August 8, 2013, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. 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 proceeding for failure to comply with the scheduling order dated August 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 January 13, 2014; 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