Appellate Division: Second Judicial Department

M143018

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-06644 In the Matter of Rachel Turner, respondent, v Richard Turner, appellant. (Docket Nos. V-2425-10, V-2426-10)

DECISION & ORDER ON MOTION

Motion by Adam Joseph Brown, counsel assigned to represent the appellant on an appeal from an order of the Family Court, Westchester County, dated June 8, 2011, to be relieved, on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him and telephone messages left for him by assigned counsel. By order to show cause dated July 5, 2012, 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 assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed 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[a][2]); and it is further,

ORDERED that assigned counsel's motion is granted.

FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court