| Matter of T-H. (Anonymous), Daniel; Westchester County Co |
| Motion No: 2010-02807 |
| Slip Opinion No: 2010 NY Slip Op 79819(U) |
| Decided on August 17, 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
M107121
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-02807 In the Matter of Daniel T.-H. (Anonymous). Westchester County Commissioner of Social Services, appellant; Mario T.-H. (Anonymous), et al., respondents. (Docket Nos. NN-2934-10, NN-2935-10)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the child to dismiss an appeal from an order of the Family Court, Westchester County, dated February 25, 2010, on the grounds that the notice of appeal was filed without an affidavit of service and that "the appellant is not a party."
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 notice of appeal, which was timely filed, is deemed timely served (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court