MATTER OF LELAND C. MILLER V BRENDA L. MILLER
Motion No: CAF 10-01880
Slip Opinion No: 2010 NY Slip Op 84847(U)
Decided on October 5, 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.


October 5, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-01880
DOCKET NO. V-06758-04-07F, G
DOCKET NO. V-06758-04-07H

MATTER OF LELAND C. MILLER, PETITIONER-RESPONDENT,

V

BRENDA L. MILLER, RESPONDENT-APPELLANT.



MATTER OF BRENDA L. MILLER, PETITIONER-APPELLANT,

V

LELAND C. MILLER, RESPONDENT-RESPONDENT.


Appellant having applied for permission to proceed as a poor person and for assignment of counsel 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 February 3, 2009,

Now, upon reading and filing the certification of Pamela J. Bayer, Esq., filed September 15, 2010, the statement of Brett C. Granville, Esq., dated October 1, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]).

Entered: October 5, 2010

PATRICIA L. MORGAN, Clerk