Scronic v Scronic
Motion No: 2020-01614
Slip Opinion No: 2020 NY Slip Op 68493(U)
Decided on July 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271871

E/

2020-01614

Ashley Scronic, respondent,

v Michael Scronic, appellant.

(Index No. 67957/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated January 13, 2020. By scheduling order dated June 1, 2020, 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 scheduling order:

(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceedings to be transcribed for the appeal concerning issues not involving visitation between the appellant and the subject child; 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 the transcript 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 not involving visitation between the appellant and the subject child.

The 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 appeal concerning issues not involving visitation between the appellant and the subject child in the above-entitled action for failure to comply with the scheduling order dated June 1, 2020, by uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before August 14, 2020; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before August 14, 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 via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

ENTER:

Aprilanne Agostino

Clerk of the Court