| Goikhman v Biton |
| Motion No: 2018-10220 |
| Slip Opinion No: 2019 NY Slip Op 60737(U) |
| Decided on January 14, 2019 |
| 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
M259139
AFA/
|
2018-10220, 2018-13511
Melissa Goikhman, respondent, v Shlomo Biton, appellant. (Index No. 50548/15; Docket No. O-365/15)
| ORDER TO SHOW CAUSE |
Appeals from a decision and order (one paper) of the Supreme Court, Kings County
(IDV-Part), dated February 5, 2018, and a judgment of the same court dated May 16, 2018. By scheduling order dated November 19, 2018, the appellant was directed to file one of the following with respect to issues not involving the family offense proceeding or custody and visitation 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 are no minutes of the Supreme Court proceedings to be transcribed for the appeals with respect to issues not involving the family offense proceeding or 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 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 appeals with respect to issues not involving the family offense proceeding or custody and visitation.
The appellant has failed to comply with the scheduling order. 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 appeals in the above-entitled matter with respect to issues not involving the family offense proceeding or custody and visitation for failure to comply with the scheduling order dated November 19, 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.
ENTER:
Aprilanne Agostino
Clerk of the Court