| Matter of H. (Anonymous), Alanie; Administration for |
| Motion No: 2010-03236 |
| Slip Opinion No: 2010 NY Slip Op 71062(U) |
| Decided on May 11, 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. |
Appellate Division: Second Judicial Department
M102551
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2010-03236, 2010-03237 In the Matter of Alanie H. (Anonymous). Administration for Children's Services, respondent. Crystal D. (Anonymous), et al., appellants. (Docket No. NA-17916-08)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 21, 2010, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Alanie H., the father, from an order of the Family Court, Kings County, dated May 19, 2009, and separate appeals by Crystal D. from the order dated May 19, 2009, and an order of the same court dated March 4, 2010.
Now, on the court's own motion, it is
ORDERED that the notice of appeal by Alanie H. from the order dated May 19, 2009 (Appellate Division Docket No. 2010-03236), is deemed to be a notice of appeal from the order dated March 4, 2010, which appeal is pending under Docket No. 2010-03237; and it is further,
ORDERED that the appeal by Crystal D. from the order dated May 19, 2009 (Appellate Division Docket No. 2010-03236), is dismissed, without costs or disbursements, on the ground that an appeal from that order was determined by decision and order of this court dated January 12, 2010, under Appellate Division Docket No. 2009-04821 (see Matter of Alanie H., Jr., 69 AD3d 722).
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court