| Matter of Sullivan v Binong Xu |
| Motion No: 2016-05240 |
| Slip Opinion No: 2016 NY Slip Op 86105(U) |
| Decided on September 20, 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. |
Appellate Division: Second Judicial Department
M218294
E/ct
|
2016-05240 In the Matter of Mark Sullivan, appellant, v Binong Xu, respondent. (Docket Nos. V-1014-06/15F, V-1014-06/16I, V-1014-06/15H, V-1013-06/15M, V-1013-06/15K, V-1013-06/16N, V-1014-06/14E, V-1013-06/14I)
| ORDER TO SHOW CAUSE |
Appeal by Mark Sullivan from an order of the Supreme Court, Kings County (IDV Part), dated April 19, 2016. By decision and order on motion of this Court dated July 18, 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 are no minutes of the Supreme 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 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 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 decision and order on motion dated July 18, 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 October 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