Matter of H. (Anonymous), Johanna; Dutchess County De
Motion No: 2006-11626
Slip Opinion No: 2007 NYSlipOp 65163(U)
Decided on March 14, 2007
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

M51992

M/mv

ROBERT A. SPOLZINO, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2006-11626

In the Matter of Johanna H. (Anonymous).

Dutchess County Department of Social Services,

respondent; John B. (Anonymous), appellant

(Docket No. N-02750-06)

DECISION & ORDER ON MOTION

Appeal by John B. from an order of the Family Court, Dutchess County, dated October 18, 2006. By order to show cause dated February 26, 2007, 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 on the ground that the attorney assigned to perfect the appeal on behalf of the appellant by order on certification dated January 23, 2007, has been unable to contact the appellant.

On the court's own motion, and no papers having been the papers 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.

SPOLZINO, J.P., GOLDSTEIN, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court