Appellate Division: Second Judicial Department

M258764

E/sl

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-13576 In the Matter of Ann Corrigan, et al., appellants, v Johnisha Minton, et al., respondents (and another title). (Docket Nos. V-11639-17, V-11640-17, V-17507-17 V-17508-17)

DECISION & ORDER ON MOTION ,

Motion by the attorney for the child to dismiss an appeal from an order of the Family Court, Westchester County, dated September 26, 2018, as untimely taken, or, in the alternative, to dismiss the appeal insofar as taken by Ann Corrigan on the ground that the appellant Roland Nicholson, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on her behalf.

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

ORDERED that on the Court's own motion, the notice of appeal, which was timely filed, is deemed timely served on the attorney for the child (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal insofar as taken by Ann Corrigan on the ground that the appellant Roland Nicholson, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on her behalf is granted and the appeal insofar as taken by Ann Corrigan is dismissed, without costs or disbursements (see CPLR 321; Vitiello v Merwin, 130 AD3d 609).

SCHEINKMAN, P.J., AUSTIN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court