MATTER OF GINA M. TRINCHINI, V JAMES P. DESIMONE, .
Motion No: CAF 08-00871
Slip Opinion No: 2009 NYSlipOp 69091(U)
Decided on March 31, 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.


March 31, 2009

PRESENT: HURLBUTT, J. P., MARTOCHE, CENTRA, CARNI, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-00871
DOCKET NO. O-00326-06

MATTER OF GINA M. TRINCHINI, PETITIONER-RESPONDENT-RESPONDENT,

V

JAMES P. DESIMONE, RESPONDENT-PETITIONER-APPELLANT.


Counsel for appellant having moved to be relieved of his assignment on the appeal taken herein from an order of the Family Court, Monroe County, entered in the office of the Clerk of said Court on April 8, 2008,

Now, upon reading and filing the affirmation of Thomas N. Martin, Esq., dated February 18, 2009, the notice of motion with proof of service thereof, the statement of Drew R. DuBrin, Esq., dated February 18, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed as abandoned.

Entered: March 31, 2009

JOANN M. WAHL, Clerk