Appellate Division: Second Judicial Department

M116590

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-06383 In the Matter of Nathaniel M. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Samantha M. (Anonymous), appellant, et al., respondent. (Docket No. NN-01654-10)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Dutchess County, dated May 21, 2010, to be relieved on the ground that the appellant has failed to respond to correspondence and telephone calls from assigned counsel. By order to show cause dated January 19, 2011, 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 order to show cause and no papers having been filed in response thereto, and 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 motion to dismiss the appeal is granted and 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., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court