Appellate Division: Second Judicial Department

M209861

E/ct

2016-01323 In the Matter of Rhonda Root, appellant- respondent, v Bradford Root, respondent- appellant. (Docket Nos. F-9988-12/14G, F-9988-12/14H)

ORDER TO SHOW CAUSE

Appeal by Rhonda Root and cross appeal by Bradford Root from an order of the Family Court, Westchester County, dated January 13, 2016. By scheduling order dated March 3, 2016, the appellant-respondent 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 her 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 her appeal.

The appellant-respondent 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 taken by the appellant-respondent in the above-entitled proceedings for failure to comply with the scheduling order dated March 3, 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 May 5, 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