| Matter of Joss v Wilmer |
| Motion No: 2009-03802 |
| Slip Opinion No: 2009 NY Slip Op 88553(U) |
| Decided on November 13, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M94341
M/cb
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
FRED T. SANTUCCI
RUTH C. BALKIN, JJ.
|
2009-03802 In the Matter of Horatio S. Joss, appellant, v Marjorie Wilmer, respondent. (Docket No.V-12939-08)
| DECISION & ORDER ON MOTION |
Appeal by Horatio S. Joss from an order of the Family Court, Westchester County, dated March 20, 2009. By order to show cause dated October 1, 2009, 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 June 19, 2009, 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.
FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court