Appellate Division: Second Judicial Department

M268967

kbp/

WILLIAM F. MASTRO, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-13821 In the Matter of Elizabeth Mondschein, appellant, Gail B. Rice, etc., et al., respondents. (Index No. 2806/19)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to compel Acting Family Court Judge Gail B. Rice of the Family Court, Westchester County, to comply with a decision and order of this Court dated August 28, 2019, on an appeal from a judgment of the Supreme Court, Westchester County, dated December 2, 2019.

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 appeal in the above-entitled proceeding on the ground that the appeal has been rendered academic, as Judge Gail B. Rice has retired from the bench effective January 1, 2020, 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 February 6, 2020; and it is further,

ORDERED that the appellant'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 by regular mail.

MASTRO, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court