Appellate Division: Second Judicial Department

M274054

SL/

2020-02784 In the Matter of Richard Lopez, petitioner-appellant, v Griceley Reyes, respondent; Emely L. (Anonymous et al., nonparty-appellants. (Docket Nos. V-720-2014, V-721-2014)

ORDER TO SHOW CAUSE ),

Appeal by Richard Lopez, and separate appeal by Emely L. and Kaylee L., from an order of the Family Court, Orange County, dated February 27, 2020. By scheduling order dated September 25, 2020, the petitioner-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 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 petitioner-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute his appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing his appeal.

The petitioner-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 by petitioner-appellant in the above-entitled proceedings for failure to comply with the scheduling order dated September 25, 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 December 4, 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 December 4, 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

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.