Matter of Madden v Post
Motion No: 2017-07041
Slip Opinion No: 2018 NY Slip Op 67608(U)
Decided on March 22, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M247850

E/afa

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-07041

In the Matter of Benjamin F. Madden, III,

respondent, v Jecinta Post, appellant.

(Proceeding No. 1)

In the Matter of Jecinta Post, appellant,

v Benjamin F. Madden, III, respondent.

(Proceeding No. 2)

(Docket Nos. V-4744-16, V-5173-16)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on an appeal from an order of the Family Court, Orange County, dated June 26, 2017, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel.

Upon the papers filed in support of the motion and the papers filed 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 on the ground that the appellant has abandoned the appeal, 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 April 12, 2018; and it is further,

ORDERED that the motion by assigned counsel to be relieved 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 by regular mail.

LEVENTHAL, J.P., MILLER, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court