Appellate Division: Second Judicial Department

M59041

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2006-08755, 2006-08759, 2006-08760 In the Matter of Donna J. (Anonymous), appellant. Commissioner of the Department of Social Services, respondent. (Index No. 100253/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated October 27, 2004, and June 16, 2005, respectively, and an order and judgment (one paper) of the same court dated October 10, 2003, to enlarge the time to perfect the appeals and to waive the filing fee. Separate motion by the appellant to stay the sale of certain real property pending hearing and determination of the appeals and for leave to prosecute the appeals as a poor person.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this court; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee and the motion to stay the sale of certain real property and for leave to prosecute the appeals as a poor person are denied as academic.

MILLER, J.P., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court