Appellate Division: Second Judicial Department

M53534

S/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

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 17, 2007, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

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, for leave to prosecute the appeals as a poor person and for the assignment of counsel, and to stay enforcement of the orders pending hearing and determination of the appeals. By decision and order on motion of this court dated January 25, 2007, this court dismissed an appeal by Grissel Sepulveda from the order dated November 22, 2006, pending under Appellate Division Docket No. 2006-11830, on the ground that the order was not appealable as of right.

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, pending under Appellate Division Docket No. 2006-11830, is reinstated, as that order is appealable as of right; 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 branch of the motion which is for leave to prosecute the appeals as a poor person and for the assignment of counsel is denied with leave to renew on or before May 1, 2007, upon proper papers establishing that the appellant is entitled to poor person relief; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders pending hearing and determination of the appeals is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court