Appellate Division: Second Judicial Department

M259383

A/afa

2018-05980 In the Matter of Catherine Berry, respondent, v Ronald D. Smith, appellant. (Docket No. O-1670-17)

ORDER TO SHOW CAUSE

Appeal by Ronald D. Smith from an order of the Family Court, Kings County, dated April 20, 2018. The transcripts were received by the appellant on or about August 6, 2018, and pursuant to the scheduling order of this Court dated October 31, 2018, the appeal in the above-entitled proceeding was to be perfected within 60 days of that order. 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 proceeding for failure to comply with the scheduling order dated October 31, 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 13, 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