Matter of M.-W. (Anonymous), Abigail; M.-W. (Anonymous), Isaiah; M.-
Motion No: 2017-08234
Slip Opinion No: 2017 NY Slip Op 96042(U)
Decided on December 19, 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

M243384

E/rr

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-08234

In the Matter of Abigail M.-W. (Anonymous).

New York Foundling Hospital, et al., petitioners-

respondents; Kello W. (Anonymous), et al.,

respondents-appellants.

(Proceeding No. 1)

In the Matter of Isaiah M.-W. (Anonymous).

New York Foundling Hospital, et al., petitioners-

respondents; Kello W. (Anonymous), et al.,

respondents-appellants.

(Proceeding No. 2)

In the Matter of Adam M.-W. (Anonymous).

New York Foundling Hospital, et al., petitioners-

respondents; Kello W. (Anonymous), et al.,

respondents-appellants.

(Proceeding No. 3)

(Docket Nos. B-4084/14, B-4085/14, B-3159/16)

DECISION & ORDER ON MOTION

Separate appeals by Kello W. and Yaiesha M. from an order of the Family Court, Queens County, dated July 19, 2017. By order to show cause dated October 24, 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 August 28, 2017, to perfect the appeal on behalf of the respondent-appellant by Kello W. 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 the papers filed in response thereto, it is

ORDERED that the motion is granted, assigned counsel is relieved of the assignment, and the appeal by Kello W. is dismissed, without costs or disbursements (see 22 NYCRR 670.4[a][2]).

ENG, P.J., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court