Appellate Division: Second Judicial Department

M118715

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-07926 In the Matter of Brian T. (Anonymous). Orange County Department of Social Services, respondent; Donna P. (Anonymous), appellant. (Docket No. B-6884-09)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an order of the Family Court, Orange County, dated August 5, 2010. By order to show cause dated March 8, 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 assigned counsel's correspondence. Application by the appellant to withdraw the appeal.

Now, upon the order to show cause, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic; and it is further,

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

ANGIOLILLO, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court