Opinion
2021-05294 V-2737-2020
01-10-2022
MARK C. DILLON, J.P. ROBERT J. MILLER LARA J. GENOVESI DEBORAH A. DOWLING, JJ.
ORDER TO SHOW CAUSE
Appeals from an order of the Family Court, Queens County, dated May 24, 2021, and an amended order of the same court dated October 22, 2021. Motion by the appellant for poor person relief and the assignment of counsel with respect to the appeal from the amended order, to consolidate the appeals, and for leave to file a supplemental brief or reply brief with respect to the appeal from the amended order.
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 the branch of the motion which is for poor person relief and the assignment of counsel with respect to the appeal from the amended order is granted, and pursuant to Family Court Act §§ 1118 and 1120, the following named attorney, who was assigned to prosecute the appeal from the order, is also assigned as counsel to prosecute the appeal from the amended order:
Richard J. Cardinale
26 Court St., Suite 1507
Brooklyn, NY 11242 7186249391and it is further, 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 appeals in the above-entitled proceeding on the ground that no appeal lies from an order issued upon the default of the appealing party (see CPLR 5511) and/or dismissing the appeal from the order as superseded by the amended order, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before February 8, 2022; and it is further, ORDERED that the branches of the appellant's motion which are to consolidate the appeals and for leave to file a supplemental brief or reply brief with respect to the appeal from the amended order are 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 via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.
DILLON, J.P, MILLER, GENOVESI and DOWLING, JJ, concur