Appellate Division: Second Judicial Department

M213532

E/ct

2016-01120 In the Matter of Anthony (Anonymous). Mary-Beth L. (Anonymous), et al., petitioners-respondents; Erika P. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Alexa (Anonymous). Mary-Beth L. (Anonymous), et al., petitioners-respondents; Erika P. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. A-1728-15, A-1746-15, A-13-15, A-14-15)

ORDER TO SHOW CAUSE

Appeal by Erika P. from an order of the Family Court, Suffolk County, dated December 16, 2015. By scheduling order dated February 16, 2016, and decision and order on motion of this Court dated May 4, 2016, the appellant was directed to file one of the following in the office of the clerk of the Court, on or before June 2, 2016:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel; or

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

The appellant 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 in the above-entitled proceedings for failure to comply with the scheduling order dated February 16, 2016, and decision and order on motion of this Court dated May 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 July 12, 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