Appellate Division: Second Judicial Department

M208382

E/ct

2016-00556, 2016-00557, 2016-00558 In the Matter of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria S. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Minerva S. (Anonymous), respondent, v Victoria S. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. V-7920-15, V-11795-15, V-11797-15, V-236-16, V-238-16, N-16227-15, N-16229-15)

ORDER TO SHOW CAUSE

Appeals by Victoria S. and Santiago S. from three orders of the Family Court, Westchester County, all dated January 7, 2016. By scheduling order dated February 4, 2016, Victoria S. and Santiago S. 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 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) if Victoria S. and Santiago S. were indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

Victoria S. and Santiago S. 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 appeals in the above-entitled proceedings for failure to comply with the scheduling order dated February 4, 2016, 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 April 11, 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