Appellate Division: Second Judicial Department

M228943

E/ct

2016-08725 In the Matter of Moshe Bursztyn, appellant, v Nathan Friedman, et al., respondents. (Docket Nos. O-1000-15, O-588-15/16C)

ORDER TO SHOW CAUSE

Appeal by Moshe Bursztyn from an order of the Family Court, Rockland County, dated July 6, 2016. By decision and order on motion of this Court dated February 17, 2017, the appellant was directed to file one of the following in the office of the Clerk of the Court, on or before March 20, 2017:

(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) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the decision and order on motion dated February 17, 2017. 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 February 17, 2017, 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 May 3, 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