Appellate Division: Second Judicial Department

M67115

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-02643 In the Matter of Victor Lee B. (Anonymous), Jr. Episcopal Social Services, petitioner-respondent; Robert G. (Anonymous), appellant, et al., respondent. (Docket No. B-2128/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated July 31, 2006, for failure to timely perfect. In response to the motion, the appellant's assigned counsel indicated that she has been unable to communicate with the appellant. By order to show cause dated January 25, 2008, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appellant, in effect, had abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel, and the respondent's motion was held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal in the above-entitled proceeding on the ground that the appellant, in effect, has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the respondent is denied as academic.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court