Appellate Division: Second Judicial Department

M169359

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-08221 In the Matter of Martha M. McKeithan, respondent, v Howard O. Campbell, appellant. (Docket No. F-11582-12I)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated July 12, 2013, as a poor person and for the assignment of counsel.

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 on the Court's own motion, 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 no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 28, 2014; and it is further,

ORDERED that the appellant'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.

SKELOS, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court