| Matter of S. (Anonymous) v P. (Anonymous) |
| Motion No: 2009-04639 |
| Slip Opinion No: 2010 NY Slip Op 61755(U) |
| Decided on January 25, 2010 |
| 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
M97747
S/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-04639 In the Matter of Deirdre S. (Anonymous), respondent, v Samuel Peter P. (Anonymous), appellant. (Docket Nos. P-18129-04, F-22263-04)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Queens County, dated April 6, 2009, to be relieved on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence and telephone calls from assigned counsel. By order to show cause dated December 11, 2009, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.
Upon the papers filed in support of the motion by assigned counsel and upon the court's own motion and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court