| Chiquito v Villon |
| Motion No: 2024-12724 |
| Slip Opinion No: 2025 NY Slip Op 71686(U) |
| Decided on June 27, 2025 |
| 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
M306163
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2024-12724, 2024-12725, 2024-12726, 2024-12727 Steven Chiquito, respondent, v Pamela Villon, appellant. (Index No. 56849/2023)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated May 14, 2025, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeals by Pamela Villon from a judgment of the Supreme Court, Westchester County, dated September 12, 2024, and three orders of the same court dated September 12, 2024 (two orders), and June 28, 2024. By scheduling order dated March 21, 2025, 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 Supreme 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 appellant has insufficient means to obtain the minutes or perfect the appeals, a motion in this Court for waiver of costs, fees, and expenses, and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order dated March 21, 2025. 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 appeals in the above-entitled action for failure to comply with the scheduling order dated March 21, 2025, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before July 28, 2025; 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 July 28, 2025; and it is further,
ORDERED that the Clerk of this Court, or his 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:
Darrell M. Joseph
Clerk of the Court