Appellate Division: Second Judicial Department

M39203

S/nal

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-06870 Roger W. Dawson, appellant, v Susan H. Wiley, respondent. (Index No. 7775/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered July 6, 2005, in effect, to enjoin the respondent from commencing any new proceedings or prosecuting any pending proceedings in the Family Court, Westchester County, pending hearing and determination of the appeal.

On the court's own motion, it is

ORDERED that the parties show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal has been rendered academic by the order of the Family Court, Westchester County, dated July 11, 2005, which dismissed a proceeding pursuant to Family Court Act article 4, by filing affidavits or affirmations on that issue with the Clerk of this court on or before May 26, 2006, and the motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court