Appellate Division: Second Judicial Department

M104497

E/sl/ct

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-02741, 2010-01605 In the Matter of Marvin Pollack, appellant; State of New York, et al., respondents. (Index No. 80-01)

ORDER TO SHOW CAUSE

Motion by the appellant on appeals from an order of the Supreme Court, Orange County, dated December 22, 2008 (Appellate Division Docket No. 2009-02741), and October 9, 2009 (Appellate Division Docket No. 2010-01605), respectively, for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated April 23, 2010, which dismissed the appeal from the order dated October 9, 2009, and determined (1) his motion to enlarge the time to perfect the appeal from the order dated December 22, 2008, (2) his motion, inter alia, to enjoin the respondents from involuntarily medicating him pending hearing and determination of the appeal from the order dated December 22, 2008, and (3) his application to be provided with copies of certain papers submitted to the court.

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 are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal from the order dated December 22, 2008 (Appellate Division Docket No. 2009-02741), on the ground that the appeal has been rendered academic by the order of the Supreme Court, Orange County, dated May 6, 2010, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 30, 2010; 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; and it is further,

ORDERED that the motion is held in abeyance in the interim.

RIVERA, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court