Appellate Division: Second Judicial Department

M299942

KS/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2024-00503, 2024-00665, 2024-00666, 2024-00667 In the Matter of Erlin J. Cruz, appellant, v Elsa Mancia Cruz, respondent. (Docket Nos. V-9603-2022, V-9604-2022)

ORDER TO SHOW CAUSE

Appeals from four orders of the Family Court, Nassau County, dated December 19, 2023, December 27, 2023, and December 20, 2023 (two orders), respectively. By order to show cause dated August 7, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated January 26, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following:

(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) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the appeals will be dismissed without further notice.

IANNACCI, J.P., MALTESE, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court