Appellate Division: Second Judicial Department

M249016

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-07041 In the Matter of Benjamin F. Madden, III, respondent, v Jecinta Post, appellant. (Proceeding No. 1) In the Matter of Jecinta Post, appellant, v Benjamin F. Madden, III, respondent. (Proceeding No. 2) (Docket Nos. V-4744-16, V-5173-16)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the Family Court, Orange County, dated June 26, 2017, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated March 22, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal 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 the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court