Matter of Carter v Casserly
Motion No: 2020-09033
Slip Opinion No: 2021 NY Slip Op 69519(U)
Decided on July 28, 2021
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

M278387

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-09033

In the Matter of Daniel J. Carter, appellant,

v Jenna Jolea Casserly, respondent.

(Docket No. V-00491-2013/2019B)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Orange County, dated November 9, 2020. Motion by the appellant's assigned counsel to be relieved of the assignment 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 June 11, 2021, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant has 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 have 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, without costs or disbursements; and it is further,

ORDERED that assigned counsel's motion is granted.

DUFFY, J.P., IANNACCI, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court