Appellate Division: Second Judicial Department

M37138

M/nal

HOWARD MILLER, J.P.

WILLIAM A. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09954 In the Matter of Demitre C. (Anonymous). Suffolk County Department of Social Services, respondent; Heather C. (Anonymous), appellant. (Docket No. B-11741-05)

DECISION & ORDER ON MOTION

Appeal by Heather C. from an order of the Family Court, Suffolk County, dated September 20, 2005. By order to show cause dated December 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Separate motion by the Law Guardian to be relieved of the assignment to represent the appellant on the ground that he has been unable to locate or communicate with the appellant or the appellant's parents.

Now, on the court's own motion, and the papers having been filed in opposition or relation thereto, and in relation to the separate motion of the Law Guardian, it is

ORDERED that the motion by the Law Guardian to be relieved is granted; and it is further,

ORDERED that the appeal is dismissed as abandoned, without costs or disbursements.

MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court