Appellate Division: Second Judicial Department

M140169

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2012-01547 In the Matter of Paulean B. (Anonymous). Suffolk County Department of Social Services, respondent; Frank B. (Anonymous), appellant. (Docket Nos. B-6238-10, B-6239-10)

DECISION & ORDER ON MOTION

Appeal by Frank B. from an order of the Family Court, Suffolk County, dated January 20, 2012. By order to show cause dated April 23, 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 relieving the attorney assigned by order on certification of this Court dated March 14, 2012, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal. The respondent has advised the Court that the appellant died on April 28, 2012.

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

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as the appeal abated upon the death of the appellant, on April 28, 2012 (see Matter of Mary Ellen C. v Joseph William C., 79 AD2d 1024); and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court