Matter of H. (Anonymous) v A. (Anonymous)
Motion No: 2012-04912
Slip Opinion No: 2012 NY Slip Op 84442(U)
Decided on September 12, 2012
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

M143215

E/nl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-04912, 2012-04913

In the Matter of Keith H. (Anonymous),

appellant, v Daphney A. (Anonymous),

respondent.

(Docket No. F-5983-04/09A)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated July 2, 2012, which dismissed appeals from two orders of the Family Court, Queens County, both dated April 26, 2012, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and to reinstate the appeals. Separate motion by the appellant for leave to appeal to this Court from the orders dated April 26, 2012, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion, in effect, to recall and vacate the decision and order on motion of this Court dated July 2, 2012, and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, for leave to appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court