Appellate Division: Second Judicial Department

M281316

E/sl

MARK C. DILLON, J.P.

BETSY BARROS

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2021-04668 In the Matter of Ahmand T. (Anonymous), appellant. (Docket No. D-03744-2020)

DECISION & ORDER ON MOTION

Appeal by Ahmand T. from an order of the Family Court, Nassau County, dated May 21, 2021, which was dismissed by decision and order on motion of this Court dated October 29, 2021, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 3 and leave to appeal had not been granted. Motion by the appellant, inter alia, in effect, to recall and vacate so much of the decision and order on motion of this Court dated October 29, 2021, as dismissed the appeal.

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 the branch of the motion which is, in effect, to recall and vacate so much of the decision and order on motion of this Court dated October 29, 2021, as dismissed the appeal is granted; and it is further,

ORDERED that on the Court's own motion, pursuant to CPLR 5520(c) the notice of appeal from the order dated May 21, 2021, is deemed to be a premature notice of appeal from an order of the Family Court, Nassau County, dated July 6, 2021, and the appellant's time to perfect the appeal is extended until April 4, 2022; and it is further,

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

DILLON, J.P., BARROS, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court