Appellate Division: Second Judicial Department

M99107

J/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2010-01259 In the Matter of Rakem P. J. C. (Anonymous). Graham-Windham Services to Families and Children, petitioner; Randy C. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Rahman T. J. C. (Anonymous). Graham-Windham Services to Families and Children, petitioner; Randy C. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. B-23093/09, B-23093/09)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 23, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Randy C. for leave to appeal to this court from an order of the Family Court, Kings, dated December 17, 2009, to stay enforcement of the order pending hearing and determination of the appeal, for an "emergency hearing", for poor person relief, 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 the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see Matter of Sheldon D.G. (Anonymous), 6 AD3d 613); and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order, for an "emergency hearing", for poor person relief, and for the assignment of counsel are denied as academic.

DILLON, J.P., SANTUCCI, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court