Matter of J. (Anonymous), Reynaldo
Motion No: 2007-00136
Slip Opinion No: 2007 NYSlipOp 64575(U)
Decided on March 6, 2007
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

M51671

E/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

PETER B. SKELOS, JJ.

2007-00136

In the Matter of Reynaldo J. (Anonymous),

respondent; Presentment Agency, appellant.

(Docket No. D-03293-06)

DECISION & ORDER ON MOTION

Appeal by Presentment Agency from an order of the Family Court, Westchester County, dated December 27, 2006. By order to show cause dated January 25, 2007, 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 this appeal on the ground that the order is not appealable (see CPLR 5704). Motion by the Westchester County Department of Social Services for leave to appeal from the order dated December 27, 2006.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is denied without prejudice to seeking relief pursuant to CPLR 5704.

SCHMIDT, J.P., SPOLZINO, FLORIO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court