Matter of D. (Anonymous), Justin
Motion No: 2007-04121
Slip Opinion No: 2008 NYSlipOp 61660(U)
Decided on January 22, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M65113

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-04121

In the Matter of Justin D. (Anonymous),

appellant.

(Docket No. D-05372-04)

DECISION & ORDER ON MOTION

Motion by Neal D. Futerfas, Esq., counsel assigned to prosecute an appeal from an order of the Family Court, Dutchess County, dated February 16, 2007, to dismiss the appeal as academic and to be relieved.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied on the ground that the issue of whether the appellant was properly adjudicated to be in violation of probation is not academic; and it is further,

ORDERED that on or before February 19, 2008, the appellant shall either perfect the appeal or withdraw the appeal; and it is further,

ORDERED that no further enlargement of time shall be granted

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

ENTER:

James Edward Pelzer

Clerk of the Court