Appellate Division: Second Judicial Department

M88982

S/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-00018, 2009-00020 In the Matter of Elizabeth M. (Anonymous). John R. M. (Anonymous), respondent; Phillip M. (Anonymous), appellant. (Index No. 30840-08)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a purported order of the Supreme Court, Suffolk County, dated October 22, 2008, and an order and judgment (one paper) of the same court dated November 20, 2008.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the purported order dated October 22, 2008 (Appellate Division Docket No. 2009-00018), is dismissed, without costs or disbursements, as the purported order is not appealable by right or by permission (see CPLR 5701); and it is further,

ORDERED that the appeal from the order and judgment dated November 20, 2008, which appointed a temporary guardian (Appellate Division Docket No. 2009-00020), is dismissed, without costs or disbursements, as that order and judgment was superseded by an order and judgment dated February 10, 2009, which appointed a permanent guardian; an appeal from the order and judgment dated February 10, 2009, is pending under Appellate Division Docket No. 2009-02865; and it is further,

ORDERED that the application is denied as academic.

MASTRO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court