Appellate Division: Second Judicial Department

M86099

S/cb

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2008-06083 In the Matter of Aniyah Mc. (Anonymous). Administration for Children's Services, respondent; Ann Marie Mc. (Anonymous), appellant. (Docket No. N-06245-08)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from an order of the Family Court, Kings County, dated June 19, 2008, and to direct a reconstruction hearing as to the proceedings on April 28, 2008, and April 30, 2008, in the above-entitled matter. By decision and order on motion dated March 31, 2009, the appeal was held in abeyance and the matter was referred to the Family Court, Kings County, for a reconstruction hearing with respect to the above-referenced minutes. The appellant's attorney has now advised the court that he has been able to obtain copies of the subject transcripts.

Now, on the court's own motion, it is

ORDERED that the decision and order on motion of this court dated March 31, 2009, is recalled and vacated and the motion by the appellant to direct a reconstruction hearing as to the proceedings on April 28, 2008, and April 30, 2008, in the above-entitled matter, is denied as academic; and it is further,

ORDERED that pursuant to section 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 1, 2009.

SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court