| Matter of E. (Anonymous), Tatiana; Westchester County Dep |
| Motion No: 2013-00062 |
| Slip Opinion No: 2014 NY Slip Op 71358(U) |
| Decided on May 6, 2014 |
| 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
M173706
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
SHERI S. ROMAN
JOSEPH J. MALTESE, JJ.
|
2013-00062 In the Matter of Tatiana E. (Anonymous). Westchester County Department of Social petitioner-respondent; Douglas A. E. (An et al., respondents-appellants. (Docket Nos. B-15052/09, B-15053/09)
| DECISION & ORDER ON MOTION Services, onymous), |
Motion by the petitioner-respondent to dismiss an appeal by Douglas A. E. from an order of the Family Court, Westchester County, dated November 30, 2012, "upon the ground[] that his death terminated his controversy."
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 by Douglas A. E. is dismissed, without costs or disbursements, as his appeal abated upon his death, on October 25, 2013; and it is further
ORDERED that the motion is dismissed; and it is further
ORDERED that on the Court's own motion, the petitioner-respondent's time to serve and file a brief is enlarged until June 5, 2014, and the petitioner-respondent's brief must be served and filed on or before that date.
SKELOS, J.P., DILLON, ROMAN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court