| Matter of H. (Anonymous), Herbert Jr.; H. (Anonymous) |
| Motion No: 2009-00046 |
| Slip Opinion No: 2009 NY Slip Op 73375(U) |
| Decided on May 26, 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. |
Appellate Division: Second Judicial Department
M87130
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2009-00046 In the Matter of Herbert H. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Herbert A. H. (Anonymous), respondent; Delethia G. (Anonymous), nonparty-appellant; Richard H. (Anonymous), nonparty-respondent. (Proceeding No. 1) In the Matter of Richard H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Herbert A. H. (Anonymous), respondent; Delethia G. (Anonymous), nonparty-appellant; Richard H. (Anonymous), nonparty-respondent. (Proceeding No. 2) (Appeal No. 1) 2009-00052 In the Matter of Delethia G. (Anonymous), appellant, Richard H. (Anonymous), respondent. (Appeal No. 2) (Docket Nos. N-17548-07, N-17549-07, N-15977-06, and N-15978-06, V-16976/06, V-16977/06)
| DECISION & ORDER ON MOTION |
Motion by Delethia G. to consolidate appeals from two orders of the Family Court, Suffolk County, dated November 21, 2008, and November 26, 2008, respectively, to remand the child Richard H. to her care and custody, pending hearing and determination of the appeals, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated November 21, 2008 (Appellate Division Docket No. 2009-00052), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right or by permission from that order (see Family Ct Act § 1112); and it is further,
ORDERED that on the court's own motion, Vincent P. Caturano, Esq., P.O. Box 144, 287 Station Road, Patchogue, N.Y. 11772, is relieved as counsel for Delethia G. on the appeal from the order dated November 21, 2008; and it is further,
ORDERED that the motion is denied as academic; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order dated November 26, 2008 (Appellate Division Docket No. 2009-00046), 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 26, 2009.
RIVERA, J.P., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court