Appellate Division: Second Judicial Department

M225048

E/ct

2016-02744 Nicole Neuman, appellant, v Paul Phillips, respondent. (Index No. 69561/15)

ORDER TO SHOW CAUSE

Appeal by Nicole Neuman from an order of the Supreme Court, Westchester County, dated March 22, 2016. By decision and order on motion of this Court dated August 29, 2016, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 60 days after the date of the order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Supreme Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Supreme Court, and listing his or her assets and income; or

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

By decision and order on motion of this Court dated December 8, 2016, the appellant's motion for poor person relief and the assignment of counsel was denied with leave to renew on or before January 5, 2017. The appellant has failed to comply with the prior orders of this Court. 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 action for failure to comply with the decision and order on motion of this Court dated August 29, 2016, and the decision and order on motion of this Court dated December 8, 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 February 16, 2017; 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