Matter of C. (Anonymous), Sonia; Eggleston, Verna
Motion No: 2009-04847
Slip Opinion No: 2010 NY Slip Op 60972(U)
Decided on January 14, 2010
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

M97247

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

PLUMMER E. LOTT, JJ.

2009-04847, 2009-04848, 2009-04849

In the Matter of Sonia C. (Anonymous), appellant.

Verna Eggleston, etc., et al., respondents.

(Index No. 22076/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, both dated March 13, 2009 (Appellate Division Docket Nos. 2009-04847, 2009-04848), and an order of the same court dated March 25, 2009 (Appellate Division Docket No. 2009-04849), for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeals from the orders dated March 13, 2009 (Appellate Division Docket Nos. 2009-04847, 2009-04848), are dismissed, without costs or disbursements, on the ground that the orders are not appealable (see CPLR 5701); and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeals from the orders dated March 13, 2009, for leave to prosecute those appeals as a poor person, and for the assignment of counsel on those appeals are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 25, 2009 (Appellate Division Docket No. 2009-04849), is granted, the appellant's time to perfect that appeal is enlarged until February 18, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated March 25, 2009, as a poor person, and for the assignment of counsel are denied.

SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court