Appellate Division: Second Judicial Department

M95833

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-04639 In the Matter of Deirdre S. (Anonymous), respondent, v Samuel Peter P. (Anonymous), appellant. (Docket Nos. P-18129-04, F-22263-04)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Queens County, dated April 6, 2009, to be relieved on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence and telephone calls from assigned counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before January 8, 2010; and it is further,

ORDERED that the motion by assigned counsel to be relieved 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 appellant at his last known place of residence.

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court