Appellate Division: Second Judicial Department

M84919

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PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-00150 In the Matter of Barbara Ann Baumgarten, appellant, v Sharenia Baumgarten, respondent. (Docket Nos. V-19759-05, V-19770-05)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 18, 2008, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 appeal may have been rendered academic based on the provision of the order dated August 18, 2008 that the "status of visitation shall be reviewed on September 29, 2008", by filing affidavits or affirmations on that issue with the Clerk of this court, on or before May 8, 2009; and it is further,

ORDERED that the 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 on the parties or their attorneys by regular mail.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court