Appellate Division: Second Judicial Department

M128940

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-03466 In the Matter of Kristy T. (Anonymous), petitioner, v Matthew T. Mc. (Anonymous), respondent. (Proceeding No. 1) In the Matter of James R. (Anonymous), appellant, v Kristy T. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. P-491/11, P-2310/11)

DECISION & ORDER ON MOTION

Motion by James Patrick McCarrick for leave to withdraw as counsel for the appellant on an appeal from an order of the Family Court, Suffolk County, dated March 11, 2011. By order to show cause dated October 12, 2011, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the motion by retained counsel to withdraw as counsel was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.4, 670.8); and it is further,

ORDERED that the motion by retained counsel to withdraw as counsel is denied as academic.

RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court