| Matter of F. M. (Anonymous), Peter L.; Seamen's Society for |
| Motion No: 2011-05591 |
| Slip Opinion No: 2012 NY Slip Op 76192(U) |
| Decided on June 14, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M138553
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2011-05591 In the Matter of Peter L. F. M. (Anonymous). Seamen's Society for Children and Families, et al., petitioners-respondents; Peter M. (Anonymous), et al., appellants. (Docket No. B-4746/09)
| DECISION & ORDER ON MOTION |
Appeals by Peter M. and Joanne F. from an order of the Family Court, Richmond County, dated May 9, 2011. By order to show cause dated April 26, 2012, 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 of Joanne F. in the above-entitled proceeding for failure to comply with a scheduling order dated March 7, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by Cynthia A. Lee to be relieved as counsel for the appellant Peter M. and for the assignment of new counsel. By order to show cause dated April 26, 2012, 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 of Peter M. on the ground that he has abandoned the appeal, and the motion by Cynthia A. Lee was held in abeyance in the interim.
Now, upon the orders to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by Cynthia A. Lee and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions to dismiss the appeals are granted; and it is further,
ORDERED that the appeal by Joanne F. is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 7, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]); and it is further,
ORDERED that the appeal by Peter M. is dismissed, without costs or disbursements, on the ground that he has abandoned the appeal; and it is further,
ORDERED that the branch of the motion by Cynthia A. Lee which is to be relieved as counsel is granted, and the motion by Cynthia A. Lee is otherwise denied as academic.
SKELOS, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court