Matter of H. (Anonymous), Carmen
Motion No: 2005-09094
Slip Opinion No: 2006 NYSlipOp 70735(U)
Decided on June 21, 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

M41022

E/cf

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09094

In the Matter of Carmen H. (Anonymous).

Anthony J. Lamberti, respondent;

Thomas H. (Anonymous), appellant.

(Index No. 1000026/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 15, 2004, and cross motion by the respondent to dismiss the appeal for failure to timely perfect.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered on stipulation (see Baecher v Baecher, 95 AD2d 841); and it is further,

ORDERED that the motion and cross motion are denied as academic.

ADAMS, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court