Appellate Division: Second Judicial Department

M80755

S/sl

REINALDO E. RIVERA, J.P.

EDWARD D. CARNI

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-10198 In the Matter of Megan R. W. (Anonymous), a/k/a Megan W. (Anonymous), a/k/a Megan M. (Anonymous). Little Flower Children Services, et al., respondents; Connie W. (Anonymous), et al., appellants. (Docket No. B-1763-07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 2, 2009, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant John W., in effect, to stay all adoption proceedings concerning the subject child, pending hearing and determination of an appeal from an order of the Family Court, Kings County, dated October 1, 2008, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is, in effect, to stay all adoption proceedings concerning the subject child is granted to the extent that finalization of the adoption of the subject child is stayed pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal of the appellant John W. as a poor person and for the assignment of counsel are denied as academic as the appellant John W. was granted leave to appeal as a poor person and was assigned an attorney to represent him on the appal by order on certification dated December 26, 2008.

RIVERA, J.P., CARNI, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court