Matter of Edgar v Alcorn
Motion No: 2021-04580
Slip Opinion No: 2023 NY Slip Op 74999(U)
Decided on October 13, 2023
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

M291563

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2021-04580

In the Matter of William Edgar, respondent,

v Kate Alcorn, appellant.

(Docket No. V-3511-2011/20E)

ORDER TO SHOW CAUSE

Appeal from an order of the Family Court, Suffolk County, dated June 9, 2021. 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.

Upon the papers filed in support of the motion and the papers filed 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 appeal 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 November 13, 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 November 13, 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 Acting Clerk of this Court, or his 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.

BRATHWAITE NELSON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court