Appellate Division: Second Judicial Department

M286627

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2020-07869, 2020-07871, 2020-09190, 2020-09191 Joseph S. Cunningham, respondent, v Paula S. Cunningham, appellant. (Index No. 200292/2020)

ORDER TO SHOW CAUSE

Appeals from four orders of the Supreme Court, Nassau County, one dated September 23, 2020, one dated September 25, 2020, and two entered August 17, 2020. Motion by the appellant's counsel assigned with respect to issues of custody to be relieved, in effect, on the ground that the appellant has abandoned the appeals concerning issues of custody by failing to respond to communications by 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 not be made and entered dismissing the appeals with respect to issues of custody on the ground that the appellant has abandoned those portions of the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 20, 2023, 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 January 20, 2023; 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 to the appeals 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.

BARROS, J.P., WOOTEN, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court