| MATTER OF ANTHONY DIPAOLO V DANIELLE DIPAOLO |
| Motion No: CAF 08-00946 |
| Slip Opinion No: 2010 NY Slip Op 80606(U) |
| Decided on August 18, 2010 |
| 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00946
DOCKET NOS. V-05367-05/07B, V-05367-05/07C
V-10066-01/07E, V-10066-01/07FV-10066-01/07G
| MATTER OF ANTHONY DIPAOLO, PETITIONER-RESPONDENT, V DANIELLE
DIPAOLO, RESPONDENT-APPELLANT. |
Counsel for petitioner-respondent having moved to be relieved of his assignment on the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on March 20, 2008, and to dismiss the appeal on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affirmation of Paul M. Deep, Esq., dated July 29, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]), and
It is further ORDERED that the motion insofar as it seeks relief from assignment is granted.
Entered: August 18, 2010
PATRICIA L. MORGAN, Clerk