| Matter of Levine v Tatum |
| Motion No: 2020-01082 |
| Slip Opinion No: 2020 NY Slip Op 69222(U) |
| Decided on July 29, 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
M272148
AFA/
|
2020-01082 In the Matter of Cynthia Levine, respondent, v Wayne A. Tatum, Sr., appellant. (Docket No. F-35376-04/2019H)
| ORDER TO SHOW CAUSE |
Appeal by Wayne A. Tatum, Sr. from an order of the Family Court, Kings County, dated December 18, 2019. By scheduling order dated February 18, 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 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.
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 insofar as taken by the appellant. in the above-entitled proceedings for failure to comply with the scheduling order dated February 18, 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 28, 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 28, 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