| Matter of L. (Anonymous), Margarita; Eggleston, Verna |
| Motion No: 2007-07855 |
| Slip Opinion No: 2007 NYSlipOp 79289(U) |
| Decided on September 26, 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. |
Appellate Division: Second Judicial Department
M60436
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2007-07855 In the Matter of Margarita L. (Anonymous), appellant. Commissioner of Social Services of City of New York, petitioner-respondent; New York Foundation for Senior Citizens Guardian Services Program, nonparty-respondent. (Index No. 2338/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated August 14, 2007, pending hearing and determination of an appeal therefrom.
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 appeal is dismissed without costs or disbursements, as Kevin Hemans does not have the authority to prosecute the appeal on behalf of the appellant (see Whitehead v Town House Equites, Ltd., 8 AD3d 369, 370); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., SANTUCCI, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court