Appellate Division: Second Judicial Department

M259142

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-11088 In the Matter of Nadia M. Lanoix, respondent, v Terry Strothers, appellant. (Docket Nos. V-6084-13/16E, V-6084-13/17I, V-6554-13/16E, V-6554-13/17F)

ORDER TO SHOW CAUSE

Appeal by Terry Strothers from an order of the Family Court, Westchester County, dated August 22, 2018. By scheduling order dated October 5, 2018, 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 of the Family Court proceedings to be transcribed for the appeal; 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 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 the appeal; and it is further,

By decision and order on motion of this Court dated December 4, 2018, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied, with leave to renew on or before December 26, 2018. The appellant has failed to comply with the scheduling order and did not move to renew the prior motion. Pursuant to § 670.3(b)(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 in the above-entitled proceeding for failure to comply with the scheduling order dated October 5, 2018, and the decision and order on motion of this Court dated December 4, 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 February 4, 2019; 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court