Matter of R. (Anonymous), Matthew, Donald; R. (Anonymou
Motion No: 2006-08169 +1
Slip Opinion No: 2006 NYSlipOp 76574(U)
Decided on September 26, 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

M44976

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-08169, 2006-08170

In the Matter of Matthew Donald R. (Anonymous).

Stacey R. (Anonymous), et al., appellants;

Administration for Children's Services, respondent.

(Proceeding No. 1)

In the Matter of Peter Julian R. (Anonymous).

Stacey R. (Anonymous), et al., appellants;

Administration for Children's Services, respondent.

(Proceeding No. 2)

(Docket Nos. N-16123/01, N-16124/01)

DECISION & ORDER ON MOTION

Motion by Stacey R. and Donald Nicholas R. on appeals from two orders of the Family Court, Queens County, dated July 26, 2006, and July 28, 2006, respectively, inter alia, for leave to appeal to this court from the order and to return the subject children to their care and custody.

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

ORDERED that on the court's own motion, the appeal from the order dated July 28, 2006 (Appellate Division Docket No. 2006-08170), is dismissed, without costs or disbursements, as that order has expired; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated July 26, 2006, is denied as unnecessary, as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court