Matter of Kaufman v Chaine
Motion No: 2008-00649
Slip Opinion No: 2008 NYSlipOp 84439(U)
Decided on September 30, 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

M76351

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-00649

In the Matter of Mary Kaufman, appellant,

v Seddik Chaine, respondent.

(Docket No. V-06398-95)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated February 25, 2008, which dismissed an appeal from an order of the Family Court, Queens County, dated January 17, 2008, on the ground that the order was not appealable as of right, to reinstate the appeal, for leave to appeal to this court from the order dated January 17, 2008, and for poor person relief.

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 branches of the motion which are to recall and vacate the decision and order on motion of this court dated February 25, 2008, to reinstate the appeal, and for leave to appeal are denied; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied as academic.

SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court