Matter of D. (Anonymous) v M. (Anonymous)
Motion No: 2009-01640
Slip Opinion No: 2009 NY Slip Op 86176(U)
Decided on October 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M93272

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-01640

In the Matter of James D. (Anonymous), appellant,

v Chervantes M. (Anonymous), respondent.

(Docekt No. P-10958/08)

DECISION & ORDER ON MOTION

Renewed motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 22, 2008, as a poor person and for the assignment of counsel, and to enlarge the time to perfect the appeal.

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 enlarge the time to perfect the appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.4, 670.8[e]) and prior orders of this court; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court