Appellate Division: Second Judicial Department

M147407

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-10993 In the Matter of Antwaine T. (Anonymous). (Docket No. D-35034/10)

DECISION & ORDER ON MOTION

Motion by Steven Banks to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Kings County, dated October 28, 2011, on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated October 31, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal and the motion by assigned counsel to be relieved are denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until December 21, 2012.

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court