| Matter of Fauconier v Fauconier |
| Motion No: 2004-08971 |
| Slip Opinion No: 2006 NYSlipOp 60287(U) |
| Decided on January 5, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34465
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-08971 In the Matter of Delsa Fauconier, respondent, v Corey Fauconier, appellant. (Docket No. F-1485-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Richmond County, dated April 1, 2004. By decision and order on motion dated December 7, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and no papers having been filed in response to the order to show cause, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the appellant is no longer available to obey the mandate of this court (see Matter of Gerald G. G., 46 NY2d 1036); and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court