Appellate Division: Second Judicial Department

M72773

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DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-02840 In the Matter of Cleon Woodly, respondent, v Latoya Scott, appellant. (Docket No. V-1871/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 25, 2008, as a poor person, and for the assignment of counsel. By order to show cause dated May 23, 2008, the parties, or their attorneys, were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the order was entered on the consent of the appellant (see CPLR 5511), and the appellant's motion was held in abeyance in the interim

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that the order was entered on the consent of the appellant is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the appellant's motion is denied as academic.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court