MATTER OF JOSHUA KANDEFER V LISA ZIELSDORF
Motion No: CAF 07-02535
Slip Opinion No: 2009 NYSlipOp 60774(U)
Decided on January 13, 2009
Appellate Division, Fourth 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.


January 13, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, CENTRA, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02535
DOCKET NOS. V-00514-03/06D, V-00515-03/06D

MATTER OF JOSHUA KANDEFER, PETITIONER-APPELLANT,

V

LISA ZIELSDORF, RESPONDENT-RESPONDENT.


Counsel for petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on October 26, 2007, and to be relieved of her assignment,

Now, upon reading and filing the affirmation of Susan Gray Jones, Esq., dated November 24, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is dismissed as unnecessary, and

It is further ORDERED that the motion insofar as it seeks an order relieving appellant's counsel of her assignment is granted and the appeal is dismissed as abandoned.

Entered: January 13, 2009

JOANN M. WAHL, Clerk