Appellate Division: Second Judicial Department

M178600

/ct

2014-05379 In the Matter of Dillon Osbert Bruce, Sr., petitioner-appellant, v Kerry Ann Nicole McLaren, respondent-respondent; Dilyn Olivia Bruce, nonparty-appellant. (Docket No. V-15311-10)

ORDER TO SHOW CAUSE

Appeals by Dillon Osbert Bruce, Sr., and Dilyn Olivia Bruce from an order of the Family Court, Kings County, dated April 23, 2014. By scheduling order dated June 27, 2014, the appellant Dillon Osbert Bruce, Sr. 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 appeals; 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 his appeal.

The appellant Dillon Osbert Bruce, Sr., has 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 are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Dillon Osbert Bruce, Sr., in the above-entitled proceeding for failure to comply with the scheduling order dated June 27, 2014, 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 September 9, 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 by regular mail.

ENTER:

Aprilanne Agostino

Clerk of the Court