Cunningham v Cunningham
Motion No: 2020-07869
Slip Opinion No: 2023 NY Slip Op 76576(U)
Decided on November 13, 2023
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

M292256

KS/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2020-07869, 2020-07871, 2020-09190,

2020-09191

Joseph S. Cunningham, respondent,

v Paula S. Cunningham, appellant.

(Index No. 200292/2020)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Nassau County, one dated September 23, 2020, one dated September 25, 2020, and two entered August 17, 2020. Motion by the appellant's counsel assigned with respect to issues of custody to be relieved, in effect, on the ground that the appellant has abandoned the appeals concerning issues of custody by failing to respond to communications by assigned counsel. By order to show cause dated December 30, 2022, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals with respect to issues of custody on the ground that the appellant has abandoned those portions of the appeals, and the motion by assigned counsel 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 and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals with respect to issues of custody on the ground that the appellant has abandoned those portions of the appeals is granted and the appeals with respect to issues of custody are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the appellant's assigned counsel is granted.

LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court