| Matter of Kaur v Singh |
| Motion No: 2006-06021 |
| Slip Opinion No: 2006 NYSlipOp 78222(U) |
| Decided on October 20, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M45946
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-06021
In the Matter of Prabhjot Kaur, respondent, v Ravinder Pal Singh, appellant. (Docket No. F-12421-05)
| ORDER TO SHOW CAUSE |
Appeal by Ravinder Pal Singh from an order of the Family Court, Queens County, dated May 8, 2006. By order to show cause dated September 20, 2006, the parties or their attorneys were 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 a scheduling order dated July 19, 2006. Motion by counsel assigned to represent the appellant to be relieved, for the assignment of new counsel to prosecute the appeal and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the court's own motion and upon the papers filed in response to the order to show cause and in support of the motion by assigned counsel, it is
ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order is denied; and it is further,
ORDERED that the branch of the motion to relieve assigned counsel is granted; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and to assign counsel is denied; and it is further,
ORDERED that on the court's own motion 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 above-entitled appeal on the ground that the appellant has absconded and is no longer available to obey the mandate of this court (see Matter of Gerald G.G., 46 NY2d 1036), by filing affidavits or affirmations on that issue with the Clerk of this court, on or before November 10, 2006; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.
PRUDENTI, P.J., SCHMIDT, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court