Matter of V. (Anonymous), Jay; M. (Anonymous), Kenya;
Motion No: 2010-04732
Slip Opinion No: 2011 NY Slip Op 68017(U)
Decided on March 24, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117561

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-04732

In the Matter of Jay V. (Anonymous).

Administration for Children's Services,

respondent; Victor V. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Kenya M. (Anonymous).

Administration for Children's Services,

respondent; Victor V. (Anonymous), appellant.

(Proceeding No. 2)

(Docket Nos. NA-07205-09, NA-07206-09)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on an appeal from an order of the Family Court, Kings County, dated April 14, 2010. By order to show cause dated February 10, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appellant has, in effect, abandoned the appeal by failing to respond to correspondence by assigned counsel, and the motion by the appellant's assigned counsel 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 the assigned counsel's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the appellant's assigned counsel to be relieved is granted.

MASTRO, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court