Appellate Division: Second Judicial Department

M117682

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-09951 In the Matter of Stephen A. (Anonymous). Administration for Children's Services, petitioner-respondent; Sandra M. (Anonymous), appellant, et al., respondent. (Docket No. N-14666/01)

DECISION & ORDER ON MOTION

Appeal by Sandra M. from an order of the Family Court, Queens County, dated September 23, 2008. By order to show cause dated February 7, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 8, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order has expired by its terms (see CPLR 5511); and it is further,

ORDERED that the appellant's motion is denied as academic.

RIVERA, J.P., DICKERSON, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court