Appellate Division: Second Judicial Department

M113540

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-10649 Angela J. Kraft, appellant, v Wayne D. Kraft, respondent. (Index No. 23311-03)

ORDER TO SHOW CAUSE

Motion by Darren M. Shapiro, Esq., assigned counsel for the appellant, to be relieved on an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 2009, on the ground that the appellant is no longer interested in pursuing the appeal.

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 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 relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceeding as abandoned 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 February 3, 2011; 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; and it is further,

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

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court