Appellate Division: Second Judicial Department

M250698

E/afa

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2017-05407 In the Matter of Miriah S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Jimmy S. (Anonymous), Jr., respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Jimmy S. (Anonymous) III. Westchester County Department of Social Services, petitioner-respondent; Jimmy S. (Anonymous), Jr., respondent-appellant, et al., respondent. (Proceeding No. 2) (Docket No. N-10591-15, N-10592-15, N-8452-16, N-8453-16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant's assigned counsel on an appeal from an order of the Family Court, Westchester County, dated May 2, 2017, in effect, to be relieved on the ground that the appeal has been rendered academic. By order to show cause dated April 26, 2018, the parties to the appeal were 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 appeal has been rendered academic, and the motion by assigned counsel, in effect, to be relieved 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 the motion by assigned counsel and no papers having been filed in relation or in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.

DILLON, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court