Appellate Division: Second Judicial Department

M230387

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2016-04280 In the Matter of Susan R. Gavin, appellant, v Lawrence J. Worner, respondent. (Docket No. F-1768-11/15F)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from an order of the Family Court, Orange County, dated April 22, 2016, for leave to reargue the branches of her prior motion which were to waive the filing fee, for free transcripts, and for the assignment of counsel, which were determined by decision and order on motion of this Court dated October 12, 2016, and to enlarge the time to perfect the appeal. By scheduling order of this Court dated January 12, 2017, the appellant's time to perfect the appeal was enlarged until February 21, 2017. The appellant has failed to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with the scheduling order dated January 12, 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 24, 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.

ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court