Appellate Division: Second Judicial Department

M203596

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-08216 In the Matter of Vera M. L. (Anonymous), petitioner-respondent, v Jane A. W. (Anonymous), respondent, Gerald C. (Anonymous), appellant. (Docket No. G-1675-15)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel to be relieved on an appeal from an order of the Family Court, Dutchess County, dated August 4, 2015, on the ground that the appellant has failed to advise him that he is interested in prosecuting the appeal. By order on certification of this Court dated September 18, 2015, the appellant was granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Joseph Petito, Esq.

2 Austin Court

Poughkeepsie, NY 12603

845-454-5586

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 parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding as abandoned 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 21, 2016; and it is further,

ORDERED 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, and upon the appellant, by regular mail.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court