Appellate Division: Second Judicial Department

M260025

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-08404, 2018-08405 In the Matter of Gary Aminov, appellant, v Esther Gadayeva, respondent. (Docket Nos. V-4328-12/17D, V-22901-11/17D)

ORDER TO SHOW CAUSE

Appeals from two orders of the Family Court, Queens County, both dated May 25, 2018. By decision and order on motion of this Court dated December 11, 2018, the appellant was directed on or before January 10, 2019, to serve and file a replacement brief which did not refer to matter dehors the record, to file the settled transcript of the proceedings which occurred on May 22, 2018, and to file copies of certain documents accompanied by the parties' stipulation that the filed documents are fair and accurate copies of the documents which were filed with the Family Court in connection with the above-entitled proceedings or the matter would be referred to the Family Court, Queens County, for a reconstruction hearing with respect to those documents. The appellant has not yet filed a replacement brief, the above-referenced settled transcript, or copies of the documents, and has not advised the Court that a reconstruction hearing has been conducted.

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 decision and order on motion of this Court dated December 11, 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 March 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.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court