Appellate Division: Second Judicial Department

M242667

E/afa

2017-08245, 2017-08247 Jennifer Mullany, respondent, v Justin Mullany, appellant. (Index No. 13764/15)

ORDER TO SHOW CAUSE

Appeals by Justin Mullany from two orders of the Supreme Court, Suffolk County, dated July 10, 2017, and July 17, 2017, respectively. By scheduling order dated October 20, 2017, the appellant 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 in the Supreme Court action to be transcribed for the appeals; 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Supreme Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Supreme Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

The 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 appeals in the above-entitled action for failure to comply with the scheduling order dated October 20, 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