| Matter of P. (Anonymous), Elijah Red Eagle; New Alternativ |
| Motion No: 2009-05444 |
| Slip Opinion No: 2009 NY Slip Op 90579(U) |
| Decided on December 8, 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
M95675
E/sl
FRED T. SANTUCCI, J.P.
RUTH C. BALKIN
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-05444 In the Matter of Elijah Red Eagle P. (Anonymous). New Alternatives for Children, et al., petitioners- respondents; C.I.P (Anonymous), appellant, et al., respondent. (Docket No. B-6748-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Queens County, dated May 5, 2009, on the ground that the appellant is not aggrieved as the order was entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
SANTUCCI, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court