Matter of Casterella v Casterella
Motion No: 2018-00585
Slip Opinion No: 2019 NY Slip Op 68529(U)
Decided on April 22, 2019
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

M262096

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-00585

In the Matter of Adriane Casterella, respondent,

v Anthony Casterella, appellant.

(Docket No. F-5066-13/16C)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on an appeal from an order of the Family Court, Westchester County, dated August 10, 2017, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to communicate with assigned counsel.

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 appellant is 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 filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 13, 2019; and it is further,

ORDERED that the motion by assigned counsel 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 appellant's assigned counsel, the appellant, and the respondent, by regular mail.

DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court