Augustin v. Bullen

Full title: Wisly Augustin, appellant, v. Jeannine Bullen, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Aug 3, 2011

Motion No: 2011-03924 (N.Y. App. Div. Aug. 3, 2011)

Opinion

Motion No: 2011-03924 Index No. 13261-05 M123891

08-03-2011

Wisly Augustin, appellant, v. Jeannine Bullen, respondent.

A. GAIL PRUDENTI

, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated July 21, 2011, in the above-entitled appeal is recalled and vacated and the following order to show cause is substituted therefor:

Appeal by Wisly Augustin from an order of the Supreme Court, Suffolk County, dated April 5, 2011. By scheduling order dated June 9, 2011, 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 were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys 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 action for failure to comply with the scheduling order dated June 9, 2011, 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 August 18, 2011; 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 or their attorneys by regular mail.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court