Appellate Division: Second Judicial Department

M279756

AFA/

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2021-01108 In the Matter of Nicole M. W. (Anonymous), petitioner-respondent, v Krystle H. (Anonymous), et al., respondents-respondents, James E. S. (Anonymous) III, respondent-appellant. (Docket No. G-02288-2020)

ORDER TO SHOW CAUSE

Appeal by James E. S. III from an order of the Family Court, Dutchess County, dated November 9, 2020. Motion by the appellant's assigned counsel, in effect, to be relieved on the ground that the appeal has been rendered academic.

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 parties are directed to show cause before this Court why an order should or should not be made dismissing the appeal in the above-entitled proceeding on the ground that the appeal has been rendered academic, by uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before November 22, 2021; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court, on or before November 22, 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.

HINDS-RADIX, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court