Matter of Cartwright v Simms
Motion No: 2012-05466
Slip Opinion No: 2012 NY Slip Op 90421(U)
Decided on November 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M146348

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-05466

In the Matter of Shaelise Dominique Cartwright,

respondent, v Charles Simms, et al., appellants.

(Docket Nos. V-14558-10/11A, V-14559-10/11A

V-14561-10/11A V-14562-10/11A)

DECISION & ORDER ON MOTION

Appeal by Charles Simms and Tanachee Babbitt from an order of the Family Court, Westchester County, dated June 1, 2012. By order to show cause dated September 14, 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 July 27, 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.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.4[a][2]).

SKELOS, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court