Appellate Division: Second Judicial Department

M114298

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-06383 In the Matter of Nathaniel M. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Samantha M. (Anonymous), appellant, et al., respondent. (Docket No. NN-01654-10)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Dutchess County, dated May 21, 2010, to be relieved on the ground that the appellant has failed to respond to correspondence and telephone calls from assigned counsel, and to enlarge the time to perfect 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 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 24, 2011; 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.

FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court