| Matter of Wilmot v Wilmot |
| Motion No: 2018-00573 |
| Slip Opinion No: 2018 NY Slip Op 66242(U) |
| Decided on March 7, 2018 |
| 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
M246962
/AFA
|
2018-00573, 2018-00575 In the Matter of Wayne Wilmot, appellant, v Hlengiwie Wilmot, respondent. (Proceeding No. 1) In the Matter of Hlengiwie Wilmot, respondent, v Wayne Wilmot, appellant. (Proceeding No. 2) (Docket Nos. V-9-15, V-10-15, V-12-15, V-14-15)
| ORDER TO SHOW CAUSE |
Appeals by Wayne Wilmot from two orders of the Supreme Court, Dutchess County (IDV Part), both dated November 1, 2017. By scheduling order dated January 18, 2018, the 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 scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation stating 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) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeals.
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 proceedings for failure to comply with the scheduling order dated January 18, 2018, 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 March 29, 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