Appellate Division: Second Judicial Department

M247939

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-03034 In the Matter of Tracey-Ann Codrington, respondent, v Darryl Neal, appellant. (Docket No. O-22800-15)

ORDER TO SHOW CAUSE

Appeal by Darryl Neal from an order of the Family Court, Queens County, dated March 7, 2017. By letter dated March 12, 2018, former assigned counsel advised the Court that Darryl Neal had died, and provided a copy of the death certificate which stated that he had died on November 8, 2017.

Now, 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 dismissing the appeal in the above-entitled proceeding on the ground that the appeal has been rendered academic by the death of Darryl Neal (see Matter of Charles C. E., 129 AD3d 721), 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 17, 2018; 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, and upon the former assigned counsel for Darryl Neal, by regular mail.

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court