Matter of Echols v Weiner
Motion No: 2007-02186
Slip Opinion No: 2007 NYSlipOp 67255(U)
Decided on April 11, 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

M53172

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-02186

In the Matter of Sean Echols, appellant,

v Ellen Weiner, respondent.

(Docket No. V-14118-03)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated March 16, 2007, which dismissed an appeal from an order of the Family Court, Westchester County, dated February 9, 2007, on the ground that the order is not appealable as of right and to reinstate the appeal.

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

ORDERED that the motion is granted, the decision and order on motion dated March 16, 2007, is recalled and vacated, and the appeal is reinstated.

SPOLZINO, J.P., FISHER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court