| Matter of O. (Anonymous), Ifeiye; Administration for |
| Motion No: 2005-04416 |
| Slip Opinion No: 2007 NYSlipOp 87069(U) |
| Decided on December 20, 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
M63829
E/nl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
STEVEN W. FISHER
WILLIAM E. McCARTHY, JJ.
|
2005-04416, 2006-05477, 2006-05478
In the Matter of Ifeiye O. (Anonymous). Administration for Children's Services, respondent; Elizabeth O. (Anonymous), appellant. (Docket No. N-14459-01)
| DECISION & ORDER ON MOTION |
Appeals by Elizabeth O. from a permanency hearing order of the Family Court, Queens County, dated April 8, 2005, a fact-finding order of the same court also dated April 8, 2005, and an order of disposition of the same court dated April 12, 2006, respectively. The appeal from the permanency hearing order is perfected, but counsel for the appellant has not perfected the appeals from the fact-finding order or the order of disposition. By order to show cause dated October 26, 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or should not be made and entered dismissing the above-entitled appeals on the ground that the order of disposition superseded the permanency hearing order and the appeals from the fact-finding order and order of disposition have been abandoned. Motion by the appellant to amend the brief filed in connection with the appeal from the permanency hearing order dated April 8, 2005, to reflect that the appeal is from the order of disposition dated April 12, 2006, and, in effect, for leave to withdraw the appeals from the permanency hearing order dated April 8, 2005, and the fact- finding order dated April 8, 2005.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the brief is amended to reflect that the appeal is from the order of disposition dated April 12, 2006, and the appeals from the permanency hearing order dated April 8, 2005, and the fact-finding order dated April 8, 2005, are marked withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeals is denied.
PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court