Matter of Poppe v Ruocco
Motion No: 2008-04286
Slip Opinion No: 2008 NYSlipOp 75479(U)
Decided on June 19, 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

M72029

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

WILLIAM E. McCARTHY, JJ.

2008-04286

In the Matter of John D. Poppe, et al.,

petitioner-respondent, v Laura Ruocco,

respondent-respondent; Staten Island

Mental Health Society, appellant.

(Docket Nos. V-2761/05, V-2762/05)

DECISION & ORDER ON MOTION

Motion by Staten Island Mental Health Society for leave to appeal to this court from an order of the Family Court, Richmond County, dated April 4, 2008, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.

PRUDENTI, P.J., RITTER, FLORIO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court