| Matter of C. (Anonymous), Tamayla A.N.; C. (Anonymous) |
| Motion No: 2012-09528 |
| Slip Opinion No: 2013 NY Slip Op 63055(U) |
| Decided on January 30, 2013 |
| 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
M150579
E/nl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
|
2012-09528, 2012-09531
In the Matter of Tamayla A. N. C. (Anonymous). Administration for Children's Services, petitioner- respondent; Diamond F. (Anonymous), respondent- respondent; Teresa F. (Anonymous), appellant. (Appeal No. 1)
In the Matter of Tyannah A. N. C. (Anonymous). Administration for Children's Services, petitioner- respondent; Diamond F. (Anonymous), respondent- respondent; Teresa F. (Anonymous), appellant. (Appeal No. 2)
(Docket Nos. N-12994-09, N-12995-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay enforcement of two orders of the Family Court, Kings County, both dated October 18, 2012, pending hearing and determination of appeals therefrom, for leave to prosecute the appeals as a poor person, and for the assignment of counsel. By order to show cause dated December 11, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings on the ground that no appeal lies from an order made upon the default of the appealing party or that the appellant lacks standing, and the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel were held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements (CPLR 5511); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are denied as academic.
SKELOS, J.P., BALKIN, DICKERSON, and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court