Matter of Stephen v DeGaetano
Motion No: 2008-06003
Slip Opinion No: 2008 NYSlipOp 91428(U)
Decided on December 9, 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

M79230

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-06003

In the Matter of Danielle Stephen, appellant,

v Michael DeGaetano, respondent.

(Docket No. V-18429-07)

DECISION & ORDER ON MOTION

Appeal by Danielle Stephen from an order of the Family Court, Suffolk County, dated May 27, 2008. By order to show cause dated November 10, 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 relieving the attorney assigned by order on certification of this court dated September 17, 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.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, 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.

FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court