| Matter of N. (Anonymous), Barbara |
| Motion No: 2011-11022 |
| Slip Opinion No: 2012 NY Slip Op 91771(U) |
| Decided on November 28, 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. |
Appellate Division: Second Judicial Department
M146806
S/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
SYLVIA HINDS-RADIX, JJ.
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2011-11022, 2011-11155 In the Matter of Barbara N. (Anonymous), appellant; Department of Social Services of the City of New York, respondent. (Index No. 100133/10)
| DECISION & ORDER ON MOTION |
Appeals by Barbara N. from an order of the Supreme Court, Kings County, dated October 20, 2011, and an order and judgment (one paper) of the same court dated October 20, 2011. The appeal from the order dated October 20, 2011, was perfected on August 28, 2012. The appeal from the order and judgment dated October 20, 2011, was dismissed by decision and order on motion of this Court dated September 6, 2012, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - August 2012 Calendar".
Now, on the Court's own motion, it is
ORDERED that so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal from the order and judgment dated October 20, 2011 (Appellate Division Docket No. 2011-11155), is recalled and vacated and that appeal is reinstated; and it is further,
ORDERED that the appeals are consolidated: and it is further,
ORDERED that the decision and order on motion of this Court dated February 2, 2012, which granted the appellant leave to prosecute the appeal from the order dated October 20, 2011, as a poor person and assigned Mark Diamond, Esq., Box 287356, Yorkville Station, New York, New York 10128, to prosecute the appeal is amended to grant the appellant leave to prosecute the appeal from the order and judgment dated October 20, 2011, as a poor person and to assign Mark Diamond, Esq., to prosecute that appeal; and it is further,
ORDERED that on or before December 26, 2012, if he be so advised, Mark Diamond, Esq, may serve and file a supplemental brief raising additional issues in connection with the appeal from the order and judgment dated October 20, 2011; the respondent may file a supplemental brief in response to any supplemental brief filed by the appellant on or before January 25, 2013.
RIVERA, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court