Gjelaj v Gjelaj
Motion No: 2017-06326
Slip Opinion No: 2017 NY Slip Op 95558(U)
Decided on December 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242678

E/afa

2017-06326

Marash Gjelaj, respondent,

v Anisa Gjelaj, appellant.

(Index No. 2505/13)

ORDER TO SHOW CAUSE

Appeal by Anisa Gjelaj from a judgment of the Supreme Court, Westchester County, dated April 26, 2017. By scheduling order dated October 17, 2017, Anisa Gjelaj, pro se appellant on issues other than custody and visitation, was directed to file one of the following in the office of the Clerk of this Court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceedings to be transcribed for those portions of the appeal which concern issues other than custody and visitation; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript concerning issues other than custody and visitation 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 those portions of the appeal which concern issues other than custody and visitation; and it is further,

Anisa Gjelaj, pro se appellant on issues other than custody and visitation, 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 from so much of the judgment as relates to issues other than custody and visitation in the above-entitled action for failure to comply with the scheduling order dated October 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 January 4, 2018; 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