Opinion
Motion No 2023-01665 Docket No. F-6963-2021
04-03-2023
In the Matter of Melanie Torres, respondent, v. Kevin Patrick Fortune, appellant.
Unpublished Opinion
MOTION DECISION
M288235
AFA/HECTOR D. LASALLE, P.J. MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER TO SHOW CAUSE
Appeal by Kevin Patrick Fortune from an order of the Family Court, Nassau County, dated October 12, 2022. By scheduling order dated February 24, 2023, 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 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.
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 February 24, 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 May 3, 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 Clerk of this Court on or before May 3, 2023; 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., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.