| Matter of Portillo v Maraj |
| Motion No: 2016-11708 |
| Slip Opinion No: 2017 NY Slip Op 65075(U) |
| Decided on February 23, 2017 |
| 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
M225943
E/ct
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2016-11708 In the Matter of Richard E. Portillo, petitioner- respondent, v Trisha J Maraj, respondent- appellant; Donovan R. P. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Trisha J. Maraj, petitioner- appellant, v Richard E. Portillo, respondent; Donovan R. P. (Anonymous), nonparty-appellant. (Proceeding No. 2) (Docket Nos. V-940-14, V-2637-14)
| ORDER TO SHOW CAUSE |
Separate appeals by Trisha J. Maraj and Donovan R. P. from an order of the Family Court, Nassau County, dated September 30, 2016. By scheduling order dated December 1, 2016, the respondent-appellant, Trisha J. Maraj, 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 appeal by Trisha Maraj.
The respondent-appellant, Trisha J. Maraj, 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 by Trisha J. Maraj in the above-entitled proceedings for failure to comply with the scheduling order dated December 1, 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 March 15, 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