| Matter of C. (Anonymous), Rakem P. J.; Graham Windham-S |
| Motion No: 2011-04145 |
| Slip Opinion No: 2011 NY Slip Op 73940(U) |
| Decided on May 26, 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. |
Appellate Division: Second Judicial Department
M120693
E/sl
JOSEPH COVELLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-04145 In the Matter of Rakem P. J. C. (Anonymous). Graham-Windham Services to Families and Children, petitioner; Tiemasha Mc. (Anonymous), et al., respondents. (Docket No. B-23093/09)
| DECISION & ORDER ON MOTION |
Motion by Randy C., inter alia, for leave to appeal to this Court from an order of the Family Court, Kings County, dated September 23, 2010, and to stay the subject child's adoption pending hearing and determination of the appeal.
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 appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court