| Matter of R. (Anonymous), Ashley; R. (Anonymous), Cod |
| Motion No: 2007-06602 |
| Slip Opinion No: 2008 NYSlipOp 86625(U) |
| Decided on October 20, 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
M77353
S/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
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2007-06602 In the Matter of Ashley R. (Anonymous). Administration for Children's Services, respondent; Lawrence H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Cody R. (Anonymous). Administration for Children's Services, respondent; Lawrence H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jaqueline H. (Anonymous). Administration for Children's Services, respondent; Lawrence H. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-01852-05, N-01853-05, N-01854-05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Richmond County, dated June 13, 2007, on the ground that it has been rendered academic. By decision and order on motion dated May 21, 2008, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Application by the respondent to withdraw the motion.
Upon the papers filed in support of the application and no papers having been filed in opposition and in relation thereto, it is
ORDERED that the application is granted and the decision and order on motion dated May 21, 2008, is recalled and vacated, and the motion is deemed withdrawn.
MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court