Appellate Division: Second Judicial Department

M53388

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-11830, 2007-02343, 2007-02345 In the Matter of Benjamin Perez, respondent, v Grissel Sepulveda, appellant. (Docket No. V-17007-01)

DECISION & ORDER ON MOTION

Motion by Grissel Sepulveda for leave to appeal to this court from two orders of the Family Court, Queens County, dated November 22, 2006 (Appellate Division Docket No. 2007-02343), and February 9, 2007 (Appellate Division Docket No. 2007-02345), respectively. By decision and order on motion of this court dated January 25, 2007, this court dismissed an appeal by Grissel Sepulveda from an order of the same court dated November 22, 2006 (Appellate Division Docket No. 2006-11830).

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 decision and order on motion of this court dated January 25, 2007, is recalled and vacated, and the appeal from the order dated November 22, 2006 (Appellate Division Docket No. 2006-11830), is reinstated; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated November 22, 2006 (Appellate Division Docket No. 2007-02343), is dismissed as duplicative of the appeal pending under Appellate Division Docket No. 2006-11830; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated February 9, 2007 (Appellate Division Docket No. 2007-02345), is denied as unnecessary as the order is appealable as of right; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court