Opinion
2021-72237 F-06281-2019/2021B
09-24-2021
In the Matter of Thomas Michael Barretti, appellant, v. Maria Cesare, respondent. Motion No. 2021-05682
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON CHERYL E. CHAMBERS, JJ.
ORDER TO SHOW CAUSE
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated September 20, 2021, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal by Thomas Michael Barretti from an order of the Family Court, Nassau County, dated June 24, 2021. By scheduling order dated August 11, 2021, 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 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 proceeding for failure to comply with the scheduling order dated August 11, 2021, by uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before October 12, 2021; 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 Clerk of this Court on or before October 12, 2021; 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 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., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.