Matter of Moreno v Luongo
Motion No: 2010-09864
Slip Opinion No: 2011 NY Slip Op 66546(U)
Decided on March 10, 2011
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

M116833

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-09864

In the Matter of Vivian M. Moreno, appellant,

v Joseph L. Luongo, respondent.

(Docket No. V-3767/08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated December 29, 2010, which dismissed an appeal from an order of the Family Court, Orange County, dated August 13, 2010, on the ground that no appeal lies from an order entered upon the consent of the appealing party, to reinstate the appeal, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court