Appellate Division: Second Judicial Department

M124968

E/ct

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-02449 In the Matter of Jessica Moore, respondent, v Daniel Joly, appellant. (Docket No. F-10265-08/09C)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from an order of the Family Court, Kings County, dated February 4, 2011, to be relieved and for the assignment of new counsel. By order to show cause dated June 30, 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 as abandoned 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 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 assigned counsel's motion is granted to the extent that assigned counsel is relieved of the assignment and is otherwise denied as academic.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court