McCavitt v McCavitt
Motion No: 2018-07037
Slip Opinion No: 2018 NY Slip Op 85610(U)
Decided on October 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256160

aa/sl

2018-07037

Deborah McCavitt, respondent,

v Christopher McCavitt, appellant.

(Index No. 54376/15)

ORDER TO SHOW CAUSE

Appeal by Christopher McCavitt from an order of the Supreme Court, Kings County, dated February 23, 2018. The transcripts were received by the appellant on July 23, 2018, and pursuant to the scheduling order of this Court dated June 25, 2018, the appeal in the above-entitled action was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. Pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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 action for failure to comply with the scheduling order dated June 25, 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 October 31, 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