Appellate Division: Second Judicial Department

M39298

M/nal

2005-11404 In the Matter of Jenny Castillo, respondent, v James Kimbrough, appellant. (Docket No. O-05382/05)

ORDER TO SHOW CAUSE

Appeal by James Kimbrough from an order of the Family Court, Kings County, dated October 31, 2005. By order on certification dated March 7, 2006, an attorney was assigned as counsel to represent the appellant on the appeal, and to notify this court if:

(1) the appellant is interested in prosecuting the appeal, or

(2) the appellant is not interested in prosecuting the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment.

By letter dated April 25, 2006, assigned counsel notified the court that he has been unable to contact the appellant.

On the court's own motion 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 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 May 23, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court