| Matter of Ross v Ross |
| Motion No: 2006-04920 +1 |
| Slip Opinion No: 2006 NYSlipOp 80403(U) |
| Decided on November 21, 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
M47235
S/sl
THOMAS A. ADAMS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-04920, 2006-10148
In the Matter of Kristi S. Ross, respondent, v Kevin J. Ross, appellant. (Proceeding No. 1) (Docket Nos. V-1924-05, V-1925-05) In the Matter of Kevin J. Ross, appellant, v Kristi S. Ross, respondent. (Proceeding No. 2) . (Docket Nos. V-930-05, V-931-05)
| ORDER TO SHOW CAUSE |
Motion by the appellant on appeals from two orders of the Family Court, Orange County, dated April 21, 2006, and October 11, 2006, respectively, to enlarge the time to perfect the appeal from the order dated April 21, 2006. Separate motion by the Children's Rights Society, Inc., Law Guardian for the subject children, to be relieved from representing the children on the appeal to assign a new Law Guardian.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, 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not be made and entered (1) dismissing the appeal from the order dated April 21, 2006, on the ground that it has been superseded by the order dated October 11, 2006, and (2) dismissing the appeal from the order dated October 11, 2006, on the ground that the appellant is not aggrieved by an order entered upon stipulation (see CPLR 5511), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before December 8, 2006; 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; and it is further,
ORDERED that the motion to enlarge time is held in abeyance in the interim; and it is further,
ORDERED that the branch of the motion of the Children's Rights Society which is to be relieved from representing the children on this appeal is granted; and it is further,
ORDERED that the branch of the motion of the Children's Rights Society which is to assign new counsel is held in abeyance pending determination of the order to show cause to dismiss the appeals.
ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court