Appellate Division: Second Judicial Department

M138438

T/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2011-10665, 2012-02343, 2012-02344 In the Matter of Donna Hubbard, respondent, v Raymond Ponce DeLeon, appellant. (Docket No. O-26541/09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Family Court, Kings County, dated August 8, 2011, an order of protection of the same court dated January 31, 2012, and an order of fact-finding and disposition of the same court dated February 1, 2012, inter alia, to recall and vacate a decision and order on motion of this Court dated March 22, 2012, which dismissed the appeal from the decision for failure to comply with a scheduling order dated December 6, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), and reinstate the appeal.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated March 22, 2012, is recalled and vacated, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision dated August 8, 2011 (Appellate Division Docket No. 2011-10665), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court