Matter of Toyer v Kemp
Motion No: 2015-11674
Slip Opinion No: 2016 NY Slip Op 69449(U)
Decided on April 6, 2016
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

M209388

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-11674

In the Matter of Nathaniel A. Toyer,

respondent, v Monique Kemp, appellant.

(Docket Nos. V-23774-09, V-9657-11)

DECISION & ORDER ON MOTION

Appeal by Monique Kemp from an order of the Family Court, Kings County, dated October 13, 2015. By order to show cause dated February 18, 2016, the parties 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 January 25, 2016, 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]).

RIVERA, J.P., BALKIN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court