Appellate Division: Second Judicial Department

M215816

E/ct

2016-05494, 2016-05497 In the Matter of Michael D. Brown, appellant, v Tracey Spencer, respondent. (Proceeding No. 1) In the Matter of Tracey Spencer, respondent, v Michael D. Brown, appellant. (Proceeding No. 2) (Docket Nos. O-5381-15, O-5963-15)

ORDER TO SHOW CAUSE

Appeals by Michael D. Brown from two orders of the Family Court, Westchester County, both dated April 25, 2016. By scheduling order dated June 21, 2016, the appellant 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 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) an affidavit or an affirmation withdrawing the appeals.

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 appeals in the above-entitled proceedings for failure to comply with the scheduling order dated June 21, 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 August 24, 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