Matter of F. (Anonymous) v P. (Anonymous)
Motion No: 2009-02184
Slip Opinion No: 2009 NYSlipOp 69251(U)
Decided on April 9, 2009
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

M85041

E/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-02184, 2009-03212

In the Matter of Emma F. (Anonymous), petitioner,

v Garfield D. P. (Anonymous), respondent;

Children's Law Center, nonparty-appellant.

(Index No. P-36897/08)

DECISION & ORDER ON MOTION

Motion by the Children's Law Center, in effect, for leave to appeal to this court from a transcript of the Family Court, Kings County, dated January 28, 2009, and a decision of the same court dated March 10, 2009, and to stay the continued trial on the issue of equitable estoppel pending hearing and determination of the appeals.

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 branch of the motion which is for leave to appeal is denied without prejudice to making a motion in the Family Court, Kings County, to dismiss the proceeding on appropriate grounds and for leave to appeal from the determination of that motion, if necessary; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the transcript dated January 28, 2009 (Appellate Division Docket No. 2009-02184), is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay the continued trial on the issue of equitable estoppel is denied as academic.

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court