| Matter of Nivens v Collins |
| Motion No: 2009-06493 |
| Slip Opinion No: 2010 NY Slip Op 61391(U) |
| Decided on January 19, 2010 |
| 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
M97401
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-06493
In the Matter of Hope Nivens, respondent, v Damion Collins, appellant. (Docket No. F-07069-03)
| ORDER TO SHOW CAUSE |
Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Queens County, dated May 18, 2009, to be relieved on the ground that he cannot locate the appellant.
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 February 19, 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.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court