Appellate Division: Second Judicial Department

M66266

M/

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2007-10770 In the Matter of James Timothy Smith, respondent, v Theresa Murphy, appellant. (Docket No. V-02508-07)

DECISION AND ORDER ON MOTION

Appeal by Theresa Murphy from an order of the Family Court, Orange County, dated October 9, 2007. By order to show cause dated January 18, 2008, the parties or their attorneys were directed to show cause why an order should or should not be made and entered relieving the attorney assigned by order on certification dated December 14, 2007, to perfect the appeal on behalf of the appellant on the ground that the attorney has been unable to contact the appellant, and dismissing the appeal. Separate motion by the law guardian to be relieved of the assignment and to assign a new law guardian.

On the court's own motion, and the papers filed in opposition or relation thereto, it is

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

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

ORDERED that the branch of the motion by the Law Guardian which is for the assignment of a new Law Guardian is denied as academic; and it is further,

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

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court