| Matter of P. (Anonymous), Xavier Paul Kinkead Carvalh; |
| Motion No: 2009-03444 |
| Slip Opinion No: 2009 NY Slip Op 86092(U) |
| Decided on October 16, 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
M93184
E/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2009-03444 In the Matter of Xavier Paul Kinkead Carvalh P. (Anonymous); Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Docket No. N-09590-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated April 28, 2009, which dismissed an appeal from an order of the Family Court, Queens County, dated March 4, 2009, on the ground that the appellant was not aggrieved by the order appealed from (see CPLR 5511), to reinstate the appeal, and for poor person relief and 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 the branch of the motion which is to recall and vacate the decision and order on motion dated April 28, 2009, and to reinstate the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel is denied as academic.
PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court