| Matter of H. (Anonymous), Irene; McLaughlin |
| Motion No: 2007-10081 |
| Slip Opinion No: 2008 NYSlipOp 71038(U) |
| Decided on May 5, 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. |
Appellate Division: Second Judicial Department
M69931
S/sl
ROBERT A. LIFSON, J.P.
HOWARD MILLER
MARK C. DILLON
RANDALL T. ENG, JJ.
|
2007-10081, 2008-00268, 2008-00269 In the Matter if Irene H. (Anonymous). Don A. McLaughlin, et al., appellants; Family Service Society of Yonkers, respondent. (Index No. 07-6543)
| DECISION & ORDER ON APPLICATION |
Application by the appellant Don A. McLaughlin on appeals from two orders of the Supreme Court, Westchester County, dated September 26, 2007, and December 11, 2007, respectively, and an appeal from an order and judgment (one paper) of the same court dated December 11, 2007, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated September 26, 2007.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as the death of Irene H. during the pendency of the appeals renders the appeals academic (see Matter of Rose BB., 246 AD2d 820, 821; Matter of Borack, 237 AD2d 149, 150; see also Knoer v Pace, 125 AD2d 1006).
LIFSON, J.P., MILLER, DILLON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court