Matter of Muckle v Gentle
Motion No: 2011-00311
Slip Opinion No: 2011 NY Slip Op 75363(U)
Decided on June 10, 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

M121358

E/ct

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2011-00311

In the Matter of Patricia Y. Muckle, respondent,

v Elwin A. Gentle, appellant.

(Docket No. O-66/06)

DECISION & ORDER ON MOTION

Appeal by Elwin A. Gentle from an order of the Supreme Court, Westchester County (IDV Part), dated November 19, 2010. By order to show cause dated May 2, 2011, the parties or their attorneys were directed to show cause why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated April 4, 2011, to perfect the appeal on behalf of the appellant on the ground that the attorney has been unable to contact the appellant, and dismissing the appeal.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the assigned counsel is relieved of the assignment; and it is further,

ORDERED that the appeal is dismissed, without costs or disbursements.

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court