Appellate Division: Second Judicial Department

M156381

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-10578, 2013-01027 In the Matter of Zofia L. (Anonymous). Jolanta S. (Anonymous), respondent; Bogdan L. (Anonymous), appellant. (Index No. 1354/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 12, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se, inter alia, for leave to prosecute appeals from a judgment of the Supreme Court, Queens County, dated April 4, 2012, and an order of the same court dated December 12, 2012, as a poor person and, in effect, for a preference in the calendaring of the appeals.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is, in effect, for a preference in the calendaring of the appeals is denied without prejudice to renew after the appeals are perfected; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court