| Matter of Caris v Suers |
| Motion No: 2022-04522 |
| Slip Opinion No: 2022 NY Slip Op 70052(U) |
| Decided on August 17, 2022 |
| 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
M284511
AFA/
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2022-04522 In the Matter of Panagiotis Caris, respondent, v Alexis A. Suers, appellant. (Docket Nos. V-1284-2021/2021A, V-1286-2021/20
| ORDER TO SHOW CAUSE 21A) |
Appeal by Alexis A. Suers from an order of the Family Court, Nassau County, dated May 3, 2022. By scheduling order dated June 27, 2022, 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the 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 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 in the above-entitled proceeding for failure to comply with the scheduling order dated June 27, 2022, 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 September 7, 2022; 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:
Maria T. Fasulo
Clerk of the Court