Matter of Castillo v Kimbrough
Motion No: 2005-11404
Slip Opinion No: 2006 NYSlipOp 70334(U)
Decided on June 14, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40646

M/nal

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

ROBERT J. LUNN

MARK C. DILLON, JJ.

2005-11404

In the Matter of Jenny Castillo, respondent,

v James Kimbrough, appellant.

(Docket No. O-05382/05)

DECISION & ORDER ON MOTION

Appeal by James Kimbrough from an order of the Family Court, Kings County, dated October 31, 2005. By order to show cause dated May 8, 2006, 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 appeal on the ground that the attorney assigned to perfect the appeal on behalf of the appellant James Kimbrough by order on certification dated March 7, 2006, has been unable to contact the appellant.

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the assigned counsel is relieved of the assignment; and it is further,

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

FLORIO, J.P., FISHER, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court