Opinion
2021-01108 G-02288-2020
12-30-2021
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.
M280800 E/sl
SYLVIA O. HINDS-RADIX, J.P. ROBERT J. MILLER LARA J. GENOVESI DEBORAH A. DOWLING, JJ.
ORDER TO SHOW CAUSE
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated October 22, 2021, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
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 January 31, 2022; 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 AD2-Motions@nycourts.gov or via regular mail addressed to the Clerk of this Court, on or before January 31, 2022; 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