Appellate Division: Second Judicial Department

M179788

S/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2013-09671 In the Matter of Trevor M. (Anonymous), appellant. (Index No. 11211/10)

DECISION & ORDER ON MOTION

Motion by Trevor M., inter alia, to recall and vacate a decision and order on motion of this Court dated January 22, 2014, which assigned him an attorney on an appeal from an order of the Supreme Court, Kings County, dated September 10, 2013, and for leave to appeal to this Court from the order dated September 10, 2013.

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 appeal to this Court from the order dated September 10, 2013, is denied; and it is further,

ORDERED that on the Court's own motion the appeal taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion dated January 22, 2014, is granted, the decision and order on motion dated January 22, 2014, is recalled and vacated, and the motion for poor person relief and the assignment of counsel is denied as academic; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED on the Court's own motion the caption of the appeal is amended as set forth above.

DILLON, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court