Appellate Division: Second Judicial Department

M140168

E/ct

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-06644 In the Matter of Rachel Turner, respondent, v Richard Turner, appellant. (Docket Nos. V-2425-10, V-2426-10)

DECISION & ORDER ON MOTION

Motion by Adam Joseph Brown, counsel assigned to represent the appellant on an appeal from an order of the Family Court, Westchester County, dated June 8, 2011, to be relieved, on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him and telephone messages left for him by assigned counsel.

Upon the papers filed in support of the motion and the papers filed 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 July 25, 2012; and it is further,

ORDERED that the assigned counsel's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail.

RIVERA, J.P., ENG, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court