Matter of B. (Anonymous), Tarrel William, a/k/a B. (Anonym
Motion No: 2005-10125 +1
Slip Opinion No: 2006 NYSlipOp 67355(U)
Decided on April 24, 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

M38852

E/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

ROBERT J. LUNN

MARK C. DILLON, JJ.

2005-10125, 2005-10127

In the Matter of Tarrel William B. (Anonymous),

a/k/a Tarrel B. (Anonymous), a/k/a Tarrell B. (Anonymous).

Little Flower Children's Services, respondent;

Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous),

a/k/a Lekitia McK. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Tamaine William B. (Anonymous),

a/k/a Tamaine B. (Anonymous), a/k/a Tamaine McK.

(Anonymous), a/k/a Tamaine W. (Anonymous).

Little Flower Children's Services, respondent;

Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous),

a/k/a Lekitia McK. (Anonymous), appellant.

(Proceeding No. 2)

(Docket Nos. B-76-05, B-77-05)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated January 23, 2006, which dismissed appeals from two orders of the Family Court, Kings County, both dated September 27, 2005, for failure to comply with a scheduling order of this court dated November 4, 2005, to reinstate the appeals, to enlarge the time to perfect the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to vacate the decision and order on motion of this court dated January 23, 2006, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted; and it is further,

ORDERED that the decision and order on motion of this court dated January 23, 2006, is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 26, 2006, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied with leave to renew on or before May 25, 2006, upon the submission of proper papers, including an affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.

ADAMS, J.P., SANTUCCI, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court