Appellate Division: Second Judicial Department

M74503

M/cb

2008-05167 In the Matter of Caffie Ellis, respondent, v Montaque Ellis, appellant. (Docket No. O-29857-07)

ORDER TO SHOW CAUSE

Appeal by Montaque Ellis from an order of the Family Court, Kings County, dated May 20, 2008. By decision and order on certification of this court dated July 8, 2008, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant's interest in perfecting the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue

14th Floor

New York, N.Y. 10017

(212) 818-9019

By letter dated August 11, 2008, 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 relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceeding 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 September 12, 2008; 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, and upon the appellant, by regular mail.

ENTER:

James Edward Pelzer

Clerk of the Court