Appellate Division: Second Judicial Department

M285512

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-06406 Laura Kasiotis, respondent-appellant, v Joseph Kasiotis, appellant-respondent. (Index No. 56753/2019)

ORDER TO SHOW CAUSE

Appeal by Joseph Kasiotis, and cross appeal by Laura Kasiotis, from an order of the Supreme Court, Westchester County, dated July 15, 2022. By scheduling order dated August 26, 2022, the respondent-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 cross 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 cross appeal, a motion in this Court for leave to prosecute the cross 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 cross appeal.

The respondent-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 cross appeal in the above-entitled action for failure to comply with the scheduling order dated August 26, 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 November 14, 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 via email to the email address provided to this court, or if no email address is available for service by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court