Appellate Division: Second Judicial Department

M183924

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2014-00627 In the Matter of Aleeyah T. M. (Anonymous). Harlem Dowling - Westside Center for Children and Family Services, et al., petitioners-respondents; Lee R. M. (Anonymous), et al., respondents-appellan (Docket No. B-9945-10)

DECISION & ORDER ON MOTION ts.

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 1, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Renewed motion by Austin I. Idehen to be relieved of the assignment to prosecute an appeal by Lee R. M. from an order of the Family Court, Queens County, dated December 12, 2013, on the ground that the respondent-appellant Lee R. M. has abandoned his appeal by failing to communicate with assigned counsel. By order to show cause dated October 22, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Lee R. M. in the above-entitled proceeding on the ground that he has abandoned his appeal, and assigned counsel's motion 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 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 by Lee R. M. is granted, and the appeal by Lee R. M. is dismissed, without costs or disbursements; and it is further,

ORDERED that assigned counsel's motion is granted.

RIVERA, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court