Matter of Santiago v Riley
Motion No: 2013-07991
Slip Opinion No: 2014 NY Slip Op 62779(U)
Decided on February 3, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M168900

E/ct

2013-07991

In the Matter of Wilfredo Santiago, et al.,

appellants, v Douglas J. Riley, et al., respondents.

(Docket Nos. V-10112-13, V-10113-13,

V-10116-13, V-10117-13)

ORDER TO SHOW CAUSE

Appeal by Wilfredo and Elena Santiago from an order of the Family Court, Suffolk County, dated June 25, 2013. By decision and order on motion of this Court dated December 10, 2013, the appellants were directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the 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) an affidavit or an affirmation withdrawing the appeal.

The appellants have failed to comply with the 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 in the above-entitled proceedings for failure to comply with the decision and order on motion of this Court dated December 10, 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 February 24, 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