Appellate Division: Second Judicial Department

M244329

X/jr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-00370 In the Matter of Heyward D. Reed, et al., petitioners, v Demeza Delhomme, respondent.

ORDER TO SHOW CAUSE

Motion by the respondent, inter alia, to confirm a report of a special referee dated June 14, 2017, in a proceeding pursuant to Public Officers Law § 36 to remove the respondent from the public office of Mayor of the Village of Spring Valley.

Upon the papers filed in support of the motion and the papers filed in opposition 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 proceeding on the ground that it has been rendered academic as the respondent no longer holds the public office of Mayor of the Village of Spring Valley (see Matter of Halsey v Butler, 134 AD3d 842), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 31, 2018; and it is further,

ORDERED that the 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 to the proceeding by regular mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court