Matter of J. (Anonymous), Xaria A.; Administration for Children's Serv
Motion No: 2018-13409
Slip Opinion No: 2019 NY Slip Op 63871(U)
Decided on February 22, 2019
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

M260329

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2018-13409

In the Matter of Xaria A. J. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Derwin J. (Anonymous),

respondent-appellant.

(Docket No. N-7204-15)

DECISION & ORDER ON MOTION

Appeal by Derwin J. from an order of the Family Court, Kings County, dated October 12, 2018. By order to show cause dated January 4, 2019, 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 November 29, 2018, to perfect the appeal on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-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 is dismissed, without costs or disbursements (see 22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court