Appellate Division: Second Judicial Department

M45107

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-06000 In the Matter of Brandon W. (Anonymous), respondent-appellant; Presentment Agency, appellant-respondent. (Docket No. E-5973/03)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Family Court, Orange County, dated June 21, 2006. By decision and order on motion dated July 12, 2006, this court granted a motion by the appellant-respondent to stay enforcement of the order pending determination by the Court of Appeals of a motion for leave to appeal to the Court of Appeals from a decision and order of this court dated April 25, 2006, which determined an appeal in the above-entitled matter from an order of the Family Court, Orange County, entered September 14, 2004 (see Matter of Brandon W. ______ AD3d _______ [Appellate Division Docket No. 2004-04646]). The Court of Appeals has denied the motion for leave to appeal to the Court of Appeals.

Now, on the court's own motion, it is

ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as the appeal from the order dated June 21, 2006, has been rendered academic by an order of the same court dated June 22, 2006; and it is further,

ORDERED that the stay granted by decision and order on motion of this court dated July 12, 2006, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court