| Matter of C. (Anonymous), Eva; Colson, Grace M. |
| Motion No: 2008-10441 |
| Slip Opinion No: 2009 NY Slip Op 76502(U) |
| Decided on June 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
M88463
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-10441 In the Matter of Eva C. (Anonymous). Godfrey J. (Anonymous), appellant; Grace M. Colson, respondent. (Index No. 108058/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 29, 2008, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]) or to direct the appellant to file a supplemental appendix. Application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition, and upon the application, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the motion and application are denied as academic.
DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court