Matter of Scioscia v Scioscia
Motion No: 2013-08386
Slip Opinion No: 2014 NY Slip Op 81572(U)
Decided on August 22, 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

M178834

E/sl

PLUMMER E. LOTT, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-08386

In the Matter of Dante Scioscia, respondent,

v Tracey Scioscia, appellant.

(Docket Nos. O-1634-11, O-1634-11/12B)

DECISION & ORDER ON MOTION

Motion by Susan A. DeNatale, counsel assigned to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 11, 2013, to be relieved on the ground that the appellant failed respond to correspondence sent to her by assigned counsel. By order to show cause dated July 8, 2014, 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 the appellant has abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and the papers filed in relation thereto it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see 22 NYCRR 670.4[a][2], 670.8[e]); and it is further,

ORDERED that the motion by assigned counsel, to be relieved is granted.

LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court