Matter of Evans v New York State Office of Children and Fa
Motion No: 2012-08798
Slip Opinion No: 2012 NY Slip Op 89438(U)
Decided on November 2, 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

M145887

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2012-08798

In the Matter of Lillian Evans, appellant,

v New York State Office of Children and

Family Services, respondent.

(Index No. 10024/09)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for summary reversal of an order and judgment (one paper) of the Supreme Court, Orange County, dated May 17, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as duplicative of an appeal under Appellate Division Docket No. 2010-05244 which was dismissed by decision and order on motion dated February 15, 2011; and it is further,

ORDERED that the motion is denied as academic.

SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court