Matter of Fabiilli v Fabiilli
Motion No: 2013-09645
Slip Opinion No: 2014 NY Slip Op 66654(U)
Decided on March 17, 2014
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

M171080

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

MARK C. DILLON, JJ.

2013-09645

In the Matter of Sandra Fabiilli, respondent,

v Joseph Fabiilli, appellant.

(Docket No. F-12022-08/11D)

DECISION & ORDER ON MOTION

Appeal by Joseph Fabiilli from an order of the Family Court, Nassau County, dated September 16, 2013. By order to show cause dated January 24, 2014, 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 November 19, 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]).

ENG, P.J., DICKERSON, CHAMBERS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court