Matter of W. (Anonymous), Ronell Ellison; Westchester
Motion No: 2007-09664
Slip Opinion No: 2008 NYSlipOp 66383(U)
Decided on March 13, 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

M67556

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-09664, 2007-09694

In the Matter of Ronell Ellison W. (Anonymous).

Westchester County Department of Social Services,

respondent; Russell W. (Anonymous), appellant.

(Docket No. B-8118-06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated November 5, 2007, which dismissed an appeal from an order of the Family Court, Westchester County, dated August 20, 2007, and to reinstate the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated November 5, 2007, is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the matter is referred to the to the Clerk of this court for the issuance of a scheduling order pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court