Appellate Division: Second Judicial Department

M167012

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-08624 In the Matter of Breonna H. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Heather E. (Anonymous), et al., respondents-respondents; Howard E. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Zoe H. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Heather E. (Anonymous), et al., respondents-respondents; Howard E. (Anonymous), nonparty-appellant. (Proceeding No. 2) In the Matter of Tina E. (Anonymous), petitioner, v Heather E. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Howard E. (Anonymous), appellant, v Heather E. (Anonymous), et al., respondents, Yonkers Department of Social Services, respondent- respondent. (Proceeding No. 4) (Docket Nos. B-02448-51/12, V-11064-65/12, V-12211-12/12, V-12221-22/12, V-11067-68/12, V-12207-08/12, V-12213-14/12)

DECISION & ORDER ON MOTION

Appeal by Howard E. from an order of the Family Court, Westchester County, dated August 23, 2013. By order to show cause dated November 20, 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 October 9, 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 the papers 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., LOTT, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court