Appellate Division: Second Judicial Department

M268319

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-08524 In the Matter of Ricardo Vega, appellant, v Joana Aguilar, respondent. (Docket No. V-4010-18)

DECISION & ORDER ON MOTION

Appeal by Ricardo Vega from an order of the Family Court, Orange County, dated June 28, 2019. By order to show cause dated November 18, 2019, the parties were directed to show cause before this Court why an order should not be made and entered relieving the attorney assigned by order on certification of this Court dated September 9, 2019, to perfect the appeal on behalf of the appellant on the ground that the attorney has been unable to contact the appellant, and dismissing the appeal. Motion by the respondent for poor person relief and the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent'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, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.3[b][2]); and it is further,

ORDERED that the respondent's motion is denied as academic.

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court