Matter of White v Lawton
Motion No: 2015-10295
Slip Opinion No: 2016 NY Slip Op 65486(U)
Decided on February 26, 2016
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

M206161

E/ct

2015-10295

In the Matter of Rodney White, appellant,

v Natasha Lawton, respondent.

(Docket No. F-26604-08/14B)

ORDER TO SHOW CAUSE

Appeal by Rodney White from an order of the Family Court, Kings County, dated September 8, 2015. By decision and order on motion of this Court dated December 22, 2015, the appellant was directed to file one of the following in the office of the Clerk of the Court, on or before January 21, 2016:

(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 appellant has failed to comply with the decision and order on motion dated December 22, 2015. 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 in the above-entitled proceeding for failure to comply with the decision and order on motion dated December 22, 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 March 18, 2016; 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