Appellate Division: Second Judicial Department

M82526

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-11506, 2008-11507 In the Matter of Hollie V. Levison, respondent, v Douglas Trinkle, appellant. (Docket No. F-5844-05)

DECISION & ORDER ON MOTION

Appeal by Douglas Trinkle from two orders of the Family Court, Orange County, both dated January 8, 2007. By order to show cause dated January 12, 2009, 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 appeals in the above-entitled proceeding on the ground that the notice of appeal was untimely (see Family Ct Act § 1113). Motion by counsel assigned to represent the appellant by the Family Court, Orange County, to be relieved and for the assignment of counsel to prosecute the appeals.

Upon the order to show cause and the papers filed in response thereto, and upon the motion by assigned counsel and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements (see Family Ct Act § 1113); and it is further,

ORDERED that the motion by assigned counsel to be relieved and for the assignment of counsel to prosecute the appeals is denied as academic.

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court