Matter of Baccas v Harding
Motion No: 2013-09133
Slip Opinion No: 2014 NY Slip Op 91829(U)
Decided on December 4, 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

M183354

E/sl

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2013-09133

In the Matter of Sanjay Baccas, appellant,

v Shenecia Harding, respondent.

(Docket No. F-6455-11/13A)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant by the Family Court, Kings County, to be relieved on an appeal from an order of the Family Court, Kings County, dated September 6, 2013, on the ground that the appellant failed to respond to communications made to her by assigned counsel. By order to show cause dated October 20, 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 in the above-entitled proceedings on the ground that the appellant had abandoned the 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 and assigned counsel's motion are granted, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.4[a][2], 670.8[e]).

SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court