Appellate Division: Second Judicial Department

M260169

MM/

2018-14273 Hyun-Jung Kim, appellant-respondent, v Sang H. Jho, respondent-appellant. (Index No. 11821/14)

ORDER TO SHOW CAUSE

Appeal by Hyun-Jung Kim, and cross appeal by Sang H. Jho, from a judgment of the Supreme Court, Suffolk County, dated August 10, 2018. By scheduling order dated December 26, 2018, the respondent-appellant was directed to file one of the following 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 were no minutes of the Supreme Court proceedings to be transcribed for the cross appeal; or

(2) if there were such minutes, an affidavit or affirmation stating 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 cross appeal.

The respondent-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 cross appeal in the above-entitled action for failure to comply with the scheduling order dated December 26, 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 7, 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