| Matter of B. (Anonymous), Willie Ray Jr. |
| Motion No: 2009-02334 |
| Slip Opinion No: 2009 NY Slip Op 78466(U) |
| Decided on July 20, 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
M89672
S/nl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
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2009-02334, 2009-06497, 2009-06498, 2009-06499 In the Matter of Willie Ray B. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-respondent; Deanna W. B. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Sarah Jean B. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Deanna W. B. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Damien Joseph B. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Deanna W.B. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) In the Matter of Devin Xavier B. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Deanna W. B. (Anonymous), appellant; et al., respondent. (Proceeding No. 4) (Docket Nos. B-11539-07, B-11541-07, B-11543-07, B-12756-07, B-12758-07, B-12759-07, B-12761-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated April 6, 2009, which dismissed an appeal from a decision of the Family Court, Westchester County, dated February 19, 2009 (entered in all four proceedings), and to deem the notice of appeal from the decision to be a premature notice of appeal from four orders of the same court (one in each proceeding), all dated March 9, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, the decision and order on motion of this court dated April 16, 2009, which dismissed the appeal from the decision is recalled and vacated, and the appellant's notice of appeal from the decision is deemed to be a premature notice of appeal from the four orders dated March 9, 2009 (see CPLR 5520[c]); and it is further,
ORDERED that on the court's own motion the appeals are consolidated and the parties shall file 12 copies of their respective briefsl; and it is further,
ORDERED that the appellant shall perfect the appeal in accordance with any scheduling orders (see 22 NYCRR 670.4, et seq.) issued by the Clerk of this court.
SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court