Appellate Division: Second Judicial Department

M167340

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-09509 In the Matter of Mirtala Melgar, appellant, v Jose R. Sevilla, respondent. (Proceeding No. 1) In the Matter of Jose R. Sevilla, respondent, v Mirtala Melgar, appellant. (Proceeding No. 2) (Docket Nos. V-3895-09/11C, V-3895-09/11D)

ORDER TO SHOW CAUSE

Appeal by Mirtala Melgar from an order of the Family Court, Nassau County, dated August 30, 2013. By order on certification of this Court dated November 15, 2013, 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:

Ralph Carrieri, Esq.

200 Old Country Road

Mineola, N.Y. 11501

516-248-1188

By letter dated December 18, 2013, 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 proceedings 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 January 24, 2014; 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, and upon the appellant, by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court