Matter of Rodriguez-Donaghy v Donaghy
Motion No: 2010-05313
Slip Opinion No: 2011 NY Slip Op 72204(U)
Decided on May 9, 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

M119689

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-05313

In the Matter of Celinda Rodriguez-Donaghy,

appellant, v Douglas Donaghy, respondent.

(Docket Nos. V-1046-07, V-13223-09,

V-16861-09)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from an order of the Family Court, Westchester County, dated April 9, 2010, to be relieved of the assignment. By order to show cause dated March 29, 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 for the appellant's failure to communicate with assigned counsel, and assigned counsel's motion 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 granted and the appeal is dismissed, without costs or disbursements; and it is further,

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

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court