| Matter of Seoane v Nunez |
| Motion No: 2019-03782 |
| Slip Opinion No: 2020 NY Slip Op 62003(U) |
| Decided on February 3, 2020 |
| 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
M269290
MB/
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2019-03782
In the Matter of Fernando Seoane, petitioner- respondent, v Martha Nunez, et al., appellants, et al., respondent. (Docket Nos. V-13206-15, V-19966-11/14A, V-19966-11/14B, V-19966-11/14C, V-29341-08/14A
| ORDER TO SHOW CAUSE ) |
Appeal by Martha Nunez, and separate appeal by Juan Nunez, from an order of the Family Court, Kings County, dated March 25, 2019. By scheduling order dated December 19, 2019, the appellant, Juan Nunez, 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 the appellant Juan Nunez is indigent and cannot afford to obtain the minutes or perfect his appeal, a motion in this Court for leave to prosecute his appeal as a poor person and for the assignment of counsel; or
(5) an affidavit or an affirmation withdrawing his appeal.
The appellant, Juan Nunez, 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 to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Juan Nunez in the above-entitled proceedings for failure to comply with the scheduling order dated December 19, 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 February 24, 2020; 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 to the appeals by regular mail.
ENTER:
Aprilanne Agostino
Clerk of the Court