| Matter of A. (Anonymous), Nicholas; O'Connor, Phyllis |
| Motion No: 2009-10695 |
| Slip Opinion No: 2010 NY Slip Op 85087(U) |
| Decided on October 15, 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
M109599
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-10695 In the Matter of Nicholas A. (Anonymous). Family Service Society of Yonkers, respondent; Phyllis O'Connor, etc., appellant. (Index No. 08-20763)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated September 28, 2009, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the appellant's motion, and no papers having been filed in opposition or in relation to the respondent's cross motion, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the cross motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court