Appellate Division: Second Judicial Department

M119201

E/ct

2011-00311 In the Matter of Patricia Y. Muckle, respondent, v Elwin A. Gentle, appellant. (Docket No. O-66/06)

ORDER TO SHOW CAUSE

Appeal by Elwin A. Gentle from an order of the Supreme Court, Westchester County (IDV Part), dated November 19, 2010. By order on certification of this Court dated April 4, 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:

Carl D. Birman, Esq.

626 Meadow Street

Mamaroneck, N.Y. 10543

(914) 630-4680

By letter dated April 25, 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 May 24, 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