| Matter of Aminuddin v Mohamed |
| Motion No: 2018-04632 |
| Slip Opinion No: 2019 NY Slip Op 61794(U) |
| Decided on January 30, 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
M259674
E/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2018-04632
In the Matter of Saadia Aminuddin, appellant, v Sherin Mohamed, respondent. (Docket Nos. F-10732-04/11S, F-10732-04/16X)
| ORDER TO SHOW CAUSE |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated November 26, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal by Saadia Aminuddin from an order of the Family Court, Kings County, dated March 9, 2018. By order dated July 12, 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 were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the 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 appeal in the above-entitled proceeding for failure to comply with the order dated July 12, 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 20, 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