Appellate Division: Second Judicial Department

M285222

E/mb

MARK C. DILLON, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2019-12907 In the Matter of County of Suffolk, et al., appellants, v John M. Kennedy, etc., respondent. (Index No. 408/2019)

ORDER TO SHOW CAUSE

Appeal by County of Suffolk and Theresa Ward from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated October 15, 2019. By letter dated September 23, 2022, the appellants' counsel advised the Court that certain documents have been turned over to the respondent and that the respondent was reviewing the production of those documents to verify compliance with a subpoena that is the subject of this appeal.

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, in whole or in part, on the ground that the appeal, or a portion of the appeal, has been rendered academic, and/or whether an exception to the mootness doctrine applies which warrants this Court's consideration of the issues raised in this appeal, by each uploading a digital copy of an affirmation or affidavit on these issues, with proof of service thereof, through the digital portal on this Court's website on or before October 7, 2022; 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, via email to the email address provided to this Court.

DILLON, J.P., MILLER, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court