| Matter of D. (Anonymous), Destiny A.; D. (Anonymous), Jose L.; D. (Ano |
| Motion No: 2017-00800 |
| Slip Opinion No: 2017 NY Slip Op 70087(U) |
| Decided on April 11, 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
M228950
E/ct
|
2017-00800 In the Matter of Destiny A. D. (Anonymous). Coalition for Hispanic Services, petitioner; Raymond L. Cruz, nonparty-appellant. (Proceeding No. 1) In the Matter of Jose L. D. (Anonymous). Coalition for Hispanic Services, petitioner; Raymond L. Cruz, nonparty-appellant. (Proceeding No. 2) In the Matter of Melvin J. D. (Anonymous). Coalition for Hispanic Services, petitioner; Raymond L. Cruz, nonparty-appellant. (Proceeding No. 3) In the Matter of Lucero N. D. (Anonymous). Coalition for Hispanic Services, petitioner; Raymond L. Cruz, nonparty-appellant. (Proceeding No. 4) (Docket Nos. B-3865-15, B-3866-15, B-3867-15, B-3868-15)
| ORDER TO SHOW CAUSE |
Appeal by Raymond L. Cruz from an order of the Family Court, Kings County, dated December 2, 2016. By scheduling order dated February 22, 2017, the nonparty-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 order:
(1) an affidavit or affirmation stating that there were no minutes of the Family 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) an affidavit or an affirmation withdrawing the appeal.
The nonparty-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 appeal in the above-entitled proceedings for failure to comply with the scheduling order dated February 22, 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