Appellate Division: Second Judicial Department

M40045

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-02982 In the Matter of Autumn Nicole B. (Anonymous). Westchester County Department of Social Services, respondent; Letitia Kennie S. (Anonymous), appellant. (Docket No. B-9326-03)

DECISION & ORDER ON MOTION

Appeal by Letitia Kennie S. from an order of the Family Court, Westchester County, dated December 8, 2005. By order to show cause dated April 21, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appeal was untimely taken (see Family Ct Act § 1113). Motion by the attorney assigned to represent the appellant by the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute the appeal, and to grant the appellant leave for to prosecute the appeal as a poor person. Motion by the respondent to dismiss the appeal as untimely taken.

Now on the court's own motion and the papers filed in response to the order to show cause, and the motions and the papers filed in opposition to the respondent's motion to dismiss, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that it was untimely taken; and it is further,

ORDERED that the motion of the attorney assigned to represent the appellant by the Family Court, Westchester County, and the respondent's motion are denied as academic.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court