Matter of Carter v Casserly
Motion No: 2020-09033
Slip Opinion No: 2021 NY Slip Op 67530(U)
Decided on June 11, 2021
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

M277472

AFA/

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2020-09033

In the Matter of Daniel J. Carter, appellant,

v Jenna Jolea Casserly, respondent.

(Docket No. V-00491-2013/2019B)

ORDER TO SHOW CAUSE

Appeal by Daniel J. Carter from an order of the Family Court, Orange County, dated November 9, 2020. Motion by the appellant's assigned counsel to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel.

On the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal in the above entitled proceeding 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 July 12, 2021, by ordinary mail; assigned counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before July 12, 2021; 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 parties or their attorneys, and upon the appellant, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

DILLON, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court