Matter of Shillingford v Dielinger
Motion No: 2018-13260
Slip Opinion No: 2019 NY Slip Op 70804(U)
Decided on May 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262863

mm/

2018-13260

In the Matter of Ella Shillingford, appellant,

v Skipp Dielinger, respondent.

(Docket No. F-4023-06/15I)

ORDER TO SHOW CAUSE

Appeal by Ella Shillingford from an order of the Family Court, Kings County, dated October 12, 2018. By decision and order on motion of this Court dated March 27, 2019, the 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 order:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

The appellant has failed to comply with the decision and order on motion of this Court dated March 27, 2019. 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 decision and order of this Court dated March 27, 2019, 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 June 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