Appellate Division: Second Judicial Department

M116672

E/ct

2010-08287 In the Matter of Theresa Summers, et al., petitioners-respondents, v Katie Summers, respondent-respondent; Craig Alvarez, nonparty-appellant. (Docket Nos. V-05532/08, V-05537/08, V-05560/08)

ORDER TO SHOW CAUSE

Appeal by Craig Alvarez from an order of the Family Court, Westchester County, dated July 23, 2010. By order on certification of this Court dated January 12, 2011, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant's interest in perfecting the appeal:

David M. Rosoff, Esq.

5 Waller Avenue, 2nd Floor

White Plains, NY 10601

(914) 949-6700

By letter dated February 15, 2011, assigned counsel notified the Court that he has been unable to contact the appellant.

On the Court's own motion, it is

ORDERED that 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 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 April 14, 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.

ENTER:

Matthew G. Kiernan

Clerk of the Court