Matter of Rodriguez v Stewart
Motion No: 2016-09229
Slip Opinion No: 2017 NY Slip Op 67110(U)
Decided on March 13, 2017
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

M227578

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2016-09229

In the Matter of Jennilee Rodriguez, respondent,

v Devin Stewart, appellant.

(Docket No. V-34988-11/15D)

DECISION & ORDER ON MOTION

Appeal by Devin Stewart from an order of the Family Court, Kings County, dated July 25, 2016. By order to show cause dated January 26, 2017, 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 December 21, 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]).

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court