Opinion
Motion No. 2023-06777 Index No. 50211/2019
10-06-2023
Roxanna Castillo, respondent, v. Antonio Castillo, appellant.
Unpublished Opinion
MOTION DECISION
M291459
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER TO SHOW CAUSE
Appeal by Antonio Castillo from a judgment of the Supreme Court, Kings County (IDV Part), dated May 2, 2023. By scheduling order dated August 9, 2023, the appellant pro se 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 as to financial issues:
(1) an affidavit or affirmation stating that there are no minutes of the Supreme 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) an affidavit or an affirmation withdrawing the appeal as to financial issues.
The appellant pro se 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 as to financial issues only in the above-entitled proceeding for failure to comply with the scheduling order dated August 9, 2023, 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 November 6, 2023; 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 AD2-Motions@nycourts.gov or via regular mail addressed to the Acting Clerk of this Court on or before November 6, 2023; and it is further, ORDERED that the Acting 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.