Matter of Simpson v Ptaszynska
Motion No: 2005-09687
Slip Opinion No: 2006 NYSlipOp 63049(U)
Decided on February 17, 2006
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

M36105

Y/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-09687

In the Matter of Richard R. Simpson, appellant,

v Beata Ptaszynska, respondent.

(Docket No. V-02772-00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue a prior motion for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 13, 2005, as a poor person, and to waive the filing fee, which was determined by decision and order on motion of this court dated January 4, 2006, and to recall and vacate so much of the decision and order on motion dated January 4, 2006, as dismissed the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated January 4, 2006, as dismissed the above-entitled appeal is granted to the extent that so much of the decision and order on motion of this court dated January 4, 2006, as dismissed the appeal from so much of the order dated September 13, 2005, as denied the reopening of the custody hearing is recalled and vacated; that portion of the appeal is reinstated and that branch of the motion is otherwise denied; and it is further;

ORDERED that the branch of the motion which is for leave to reargue is granted, upon reargument of the appellant's motion for leave to proceed as a poor person and to waive the filing fee is granted; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the filing fee is waived.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court