Matter of Ellis v Ellis
Motion No: 2008-05167
Slip Opinion No: 2008 NYSlipOp 83862(U)
Decided on September 24, 2008
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

M76243

M/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-05167

In the Matter of Caffie Ellis, respondent,

v Montaque Ellis, appellant.

(Docket No. O-29857-07)

DECISION & ORDER ON MOTION

Appeal by Montaque Ellis from an order of the Family Court, Kings County, dated May 20, 2008. By order to show cause dated August 15, 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 July 8, 2008, 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.

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.

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court