Appellate Division: Second Judicial Department

M263797

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2019-04515, 2019-04516 In the Matter of Ijeomaa Campbell, appellant, v Cecilia Anekwe, respondent. (Appeal No. 1) In the Matter of Ugochuwu O. Anekwe, appellant, v Cecilia Anekwe, respondent. (Appeal No. 2) (Docket Nos. V-8818-19, V-8817-19, V-8827-19, V-8828-19)

ORDER TO SHOW CAUSE

Appeal by Ijeomaa Campbell from an order of the Family Court, Kings County, dated April 22, 2019, and separate appeal by Ugochuwu O. Anekwe from an order of the same court, also dated April 22, 2019. By scheduling order dated May 7, 2019, Ugochuwu O. Anekwe 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 are no minutes of the Family Court proceedings to be transcribed for the appeals; 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) if Ugochuwu O. Anekwe is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeal by Ugochuwu O. Anekwe as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion shall be supported by an affidavit from Ugochuwu O. Anekwe, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal by Ugochuwu O. Anekwe; and it is further,

Ugochuwu O. Anekwe 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 appeal by Ugochuwu O. Anekwe in the above-entitled proceedings for failure to comply with the scheduling order dated May 7, 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 July 12, 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