Appellate Division: Second Judicial Department

M65894

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2008-00578, 2008-00724, 2008-00725, 2008-00726, 2008-00727, 2008-00728, 2008-00729, 2008-00730, 2008-00731 In the Matter of Elena D. B. (Anonymous). Patrick J. Carr, petitioner-respondent; Verna N. (Anonymous), et al., appellants; Elena B. S. (Anonymous), et al., respondents- appellants; Anne Penachio, et al., nonparty- respondents. (Appeal No. 1) In the Matter of Elena D. B. (Anonymous). Patrick J. Carr, petitioner-respondent; Elena B. S. (Anonymous), et al., appellants; Anne Penachio, et al., nonparty-respondents. (Appeal Nos. 2 through 9) (Index No. 07-7243)

DECISION & ORDER ON MOTION

Motion by the appellants Elena B. S. and John C. Bruno on appeals from nine orders of the Supreme Court, Westchester County, entered May 16, 2007, June 4, 2007, June 29, 2007, July 17, 2007, August 9, 2007, August 22, 2007, September 13, 2007, November 16, 2007, and December 21, 2007, respectively, to stay enforcement of stated portions of the orders which appointed Anne Penachio as temporary or permanent guardian, declared invalid a certain power of attorney, authorized Patrick J. Carr to represent the incapacitated person, and restricted contact between certain family members and the incapacitated person and her health care providers, pending hearing and determination of the appeals.

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

ORDERED that on the court's own motion, the appeal from the order entered August 9, 2007 (Appellate Division Docket No. 2008-00728), is dismissed, without costs or disbursements, as an appeal from that order was previously dismissed under Appellate Division Docket No. 2007-08130; and it is further,

ORDERED that the motion is denied.

LIFSON, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court