| Matter of Nivens v Collins |
| Motion No: 2009-06493 |
| Slip Opinion No: 2010 NY Slip Op 64493(U) |
| Decided on March 1, 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
M99216
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2009-06493 In the Matter of Hope Nivens, respondent, v Damion Collins, appellant. (Docket No. F-07069-03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Queens County, dated May 18, 2009, to be relieved on the ground that he cannot locate the appellant. By order to show cause dated January 19, 2010, 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 had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted, the appeal is dismissed, without costs or disbursements, and assigned counsel is relieved from representing the appellant on the appeal.
RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court