Appellate Division: Second Judicial Department

M229674

E/afa

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2017-00925, 2017-02910 In the Matter of John J. S. (Anonymous). Maria Seviroli, petitioner-appellant. (File No. 324482)

DECISION & ORDER ON MOTION

Motion by the appellant to authorize the monthly withdrawal of certain funds from the guardianship account for the support and education of the subject infant during the year 2017, pending hearing and determination of appeals from an order of the Surrogate's Court, Nassau County, dated December 29, 2016, and an amended order dated January 19, 2017, and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated December 29, 2016, is dismissed, without costs or disbursements, as that order was superseded by the amended order dated January 19, 2017; and it is further,

ORDERED that the branch of the motion which is to authorize the monthly withdrawal of certain funds from the guardianship account for the support and education of the subject infant during the year 2017 is granted to the extent that the appellant is authorized to withdraw the sum of $4,166.67 monthly from the guardianship funds for the support and education of the subject infant during the year 2017 pending hearing and determination of the appeal from the amended order dated January 19, 2017, and that branch is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court