Matter of H. (Anonymous), Quahim
Motion No: 2007-11639
Slip Opinion No: 2008 NYSlipOp 66776(U)
Decided on March 18, 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

M67770

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2007-11639

In the Matter of Quahim H. (Anonymous).

Michael S. Somma, Jr., nonparty-appellant.

(Docket No. D-18134-07)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to recall and vacate a decision and order on motion of this court dated January 14, 2008, which dismissed an appeal from an order of the Family Court, Kings County, dated November 2, 2007, on the ground that the order is not appealable as of right and leave to appeal had not been granted (see Family Ct Act § 1112), to grant leave to appeal from the order dated November 2, 2007, and to reinstate the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court