Appellate Division: Second Judicial Department

M55165

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-01062 In the Matter of Thalia C. (Anonymous). Suffolk County Department of Social Services, respondent; Leopoldo C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jonathan C. (Anonymous). Suffolk County Department of Social Services, respondent; Leopoldo C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-8750-06, N-8751-06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered October 11, 2006, as a poor person and for the assignment of counsel. By order to show cause dated April 11, 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 the appeal on the ground that the appellant was not aggrieved by the order appealed from, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition and relation 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, on the ground that the appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

ORDERED that the appellant's motion is denied as academic.

PRUDENTI, P.J., SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court