Appellate Division: Second Judicial Department

M82112

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-09162, 2008-09163, 2008-09164, 2009-00980 In the Matter of Gordon R. T. (Anonymous), Jr., appellant, v Latanya M. (Anonymous), respondent. (Docket Nos. P-20630-07, P-09316-08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated October 28, 2008, which dismissed appeals from two orders of the Family Court, Suffolk County, dated June 13, 2008, and July 8, 2008 (Appellate Division Docket Nos. 2008-09162 and 2008-09163), respectively, on the ground that no appeal lies from an order of a Support Magistrate until after objections are filed and reviewed by a Judge of the Family Court, to recall and vacate a decision and order on motion of this court also dated October 28, 2008, which dismissed an order of the Family Court, Suffolk County, also dated June 13, 2008 (Appellate Division Docket No. 2008-09164), on the same grounds, for leave to prosecute those appeals, and an appeal from an order of the same court dated July 29, 2008 (Appellate Division Docket No. 2009-00980), as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are to recall and vacate the decisions and orders on motion of this court dated October 28, 2008, are granted, and the decisions and orders on motion of this court dated October 28, 2008, are recalled and vacated and the appeals are reinstated; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is granted, and the filing fee is waived; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied.

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court