Cox v. Phillibert

Full title: In the Matter of Lisa L. Cox, appellant-respondent, v. Aubrey C…

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

Date published: Jul 3, 2013

2013 N.Y. Slip Op. 78885 (N.Y. App. Div. 2013)

Opinion

2013-01495 Docket No. F-6340-11 M158303

07-03-2013

In the Matter of Lisa L. Cox, appellant-respondent, v. Aubrey C. Phillibert, respondent-appellant.

ORDER TO SHOW CAUSE

Appeal by Lisa L. Cox and cross appeal by Aubrey C. Phillibert from an order of the Family Court, Westchester County, dated January 16, 2013. Aubrey C. Phillibert was directed, by scheduling order of this Court dated March 7, 2013, and Lisa L. Cox was directed, by decision and order on motion of this Court dated May 8, 2013, to file one of the following in the office of the Clerk of the Court, within 30 days after the date of their respective orders:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal and cross 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 or cross appeal.

Aubrey C. Phillibert has failed to comply with the scheduling order of this Court dated March 7, 2013, and Lisa L. Cox has failed to comply with the decision and order on motion of this Court dated May 8, 2013. 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 and cross appeal in the above-entitled proceeding for failure to comply with the scheduling order of this Court dated March 7, 2013, and the decision and order on motion of this Court dated May 8, 2013, 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 July 24, 2013; 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 or their attorneys by regular mail.

ENTER:

Aprilanne Agostino

Clerk of the Court