Appellate Division: Second Judicial Department

M179737

E/ct

2014-05881 In the Matter of Mark Spencer Thomas, appellant-respondent, v Daniele Gina Tretola, respondent; Janessa Nickki Marie Foster, also known as Janessa Thomas, respondent-appellant (Proceeding No. 1) In the Matter of Daniele Gina Tretola, respondent, v Mark Spencer Thomas, appellant-respondent; Janessa Nickki Marie Foster, also known as Janessa Thomas, respondent-appellant. (Proceeding No. 2) (Docket Nos. V-6324-11/13B, V-6324-11/13C)

ORDER TO SHOW CAUSE .

Appeal by Mark Spencer Thomas and cross appeal by Janessa Nickki Marie Foster, also known as Janessa Thomas, from an order of the Family Court, Dutchess County, dated May 1, 2014. By order on certification of this Court dated July 23, 2014, the following attorney was assigned as counsel for the appellant-respondent, and was directed, inter alia, to contact the appellant-respondent and determine the appellant-respondent's interest in perfecting the appeal:

Arza R. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

By letter dated August 29, 2014, assigned counsel notified the Court that she has been unable to contact the appellant-respondent.

On the Court's own motion, it is

ORDERED that the parties 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-respondent 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 October 17, 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-respondent, by regular mail.

ENTER:

Aprilanne Agostino

Clerk of the Court