Matter of Facey v McElroy
Motion No: 2012-10629
Slip Opinion No: 2013 NY Slip Op 72015(U)
Decided on April 26, 2013
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

M155345

E/nl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-10629

In the Matter of Corey Facey, respondent,

v Alona McElroy, appellant.

(Docket No. V-12090-12)

DECISION & ORDER ON MOTION

Appeal by Alona McElroy from an order of the Family Court, Suffolk County, dated October 16, 2012. By order to show cause dated March 7, 2013, 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 January 24, 2013, 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]).

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court