Appellate Division: Second Judicial Department

M65325

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-02643 In the Matter of Victor Lee B. (Anonymous), Jr. Episcopal Social Services, petitioner-respondent; Robert G. (Anonymous), appellant, et al., respondent. (Docket No. B-2128/02)

ORDER TO SHOW CAUSE

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated July 31, 2006, for failure to timely perfect the same. In response to the motion, the appellant's assigned counsel indicated that she has been unable to communicate with the appellant.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 dismissing the appeal in the above-entitled proceeding on the ground that the appellant, in effect, has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel, 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 February 22, 2008; and it is further,

ORDERED that the respondent's motion is held in abeyance in the interim; 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 upon the parties or their attorneys.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court