Appellate Division: Second Judicial Department

M259158

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-11719 The People, etc., ex rel. Karen Accomando, on behalf of J. A. (Anonymous) and G. A. (Anonymous), respondent, v Elizabeth Kirschner-Melendez, appellant. (Index No. 3556/16)

ORDER TO SHOW CAUSE

Appeal by Elizabeth Kirschner-Melendez from a judgment of the Supreme Court, Suffolk County, dated October 17, 2017. By scheduling order dated October 29, 2018, the appellant's time to perfect the appeal was extended until November 28, 2018. The appellant filed a brief on November 9, 2018, but has not yet caused the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][4][i]).

Now, on the Court's own motion, 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 matter for failure to comply with the scheduling order dated October 29, 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