Matter of C. (Anonymous), Rocco; Administration for
Motion No: 2010-01089
Slip Opinion No: 2010 NY Slip Op 74198(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104125

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-01089

In the Matter of Rocco C. (Anonymous).

Administration for Children's Services,

appellant; Keith C. (Anonymous), respondent.

(Docket No. N-1100/10)

DECISION & ORDER ON MOTION

Motion by the attorney for the child to dismiss an appeal from an order of the Family Court, Queens County, dated January 27, 2010, on the ground that it has been rendered academic, or to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion dated February 17, 2010, is vacated forthwith; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for the same relief are denied as academic.

DILLON, J.P., MILLER, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court