| Matter B. (Anonymous), Roland Noele |
| Motion No: 2010-03677 |
| Slip Opinion No: 2010 NY Slip Op 84060(U) |
| Decided on October 4, 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
M109164
E/ct
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2010-03677 In the Matter of Roland Noele B. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Twuana Noelle B. (Anonymous), appellant; et al. respondent. (Docket No. B-96627-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated April 26, 2010, as dismissed an appeal from an order of the Family Court, Kings County, dated April 22, 2009, on the ground that the appellant was not aggrieved by that order.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, so much of the decision and order on motion of this court dated April 26, 2010, as dismissed the appeal from the order dated April 22, 2009, is recalled and vacated; and it is further,
ORDERED that on the court's own motion, the appeal from the order dated April 22, 2009, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
MASTRO, J.P., COVELLO, DICKERSON and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court