Appellate Division: Second Judicial Department

M232614

E/afa

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-00633 In the Matter of Elizabeth F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Rachel F. B. (Anonymous), respondent-appellant, et al., respondent. (Docket No. N-15338-16/16D)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated December 22, 2016, as a poor person. By order to show cause dated May 1, 2017, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding as academic as the order dated December 22, 2016, expired by its own terms and the respondent-appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the respondent-appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Ajay P., 60 AD3d 681); and it is further,

ORDERED that the respondent-appellant's motion is denied as academic.

LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court