Matter of Casterella v Casterella
Motion No: 2018-00585
Slip Opinion No: 2019 NY Slip Op 74346(U)
Decided on July 3, 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

M264076

E/mm

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-00585

In the Matter of Adriane Casterella, respondent,

v Anthony Casterella, appellant.

(Docket No. F-5066-13/16C)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the Family Court, Westchester County, dated August 10, 2017, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to communicate with assigned counsel. By order to show cause dated April 22, 2019, 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 no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition or 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.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court