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Gonzalez v. Reynolds

Supreme Court of New York, Second Department
Nov 20, 2023
2023 N.Y. Slip Op. 76935 (N.Y. App. Div. 2023)

Opinion

Motion No. 2023-07131 Docket Nos. V-9052-2015/2021A V-9052-2015/2022B V-9052-2015/2023D

11-20-2023

In the Matter of Angela Gonzalez, respondent, v. Marcus Reynolds, appellant.


Unpublished Opinion

MOTION DECISION

M292375

HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.

ORDER TO SHOW CAUSE

Appeal by Marcus Reynolds from an order of the Family Court, Suffolk County, dated July 25, 2023. By scheduling order dated August 18, 2023, the appellant was directed to file one of the following in the office of the Acting 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 Family 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.

The appellant 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 in the above-entitled proceedings for failure to comply with the scheduling order dated August 18, 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 December 20, 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 December 20, 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.


Summaries of

Gonzalez v. Reynolds

Supreme Court of New York, Second Department
Nov 20, 2023
2023 N.Y. Slip Op. 76935 (N.Y. App. Div. 2023)
Case details for

Gonzalez v. Reynolds

Case Details

Full title:In the Matter of Angela Gonzalez, respondent, v. Marcus Reynolds…

Court:Supreme Court of New York, Second Department

Date published: Nov 20, 2023

Citations

2023 N.Y. Slip Op. 76935 (N.Y. App. Div. 2023)