Appellate Division: Second Judicial Department

M196663

E/ct

2015-04300 Darlene Sabbagh, respondent-appellant, v Thomas Sabbagh, appellant-respondent. (Index No. 201744/14)

ORDER TO SHOW CAUSE

Appeal by Thomas Sabbagh and cross appeal by Darlene Sabbagh from an order of the Supreme Court, Nassau County, dated January 23, 2015. By scheduling order dated June 19, 2015, the appellant-respondent and the respondent-appellant were each 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 are no minutes in the Supreme Court action to be transcribed for the appeal and cross appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal or cross appeal.

The appellant-respondent and the respondent-appellant have 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 and cross appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 19, 2015, 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 2, 2015; 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