Opinion
Motion No: 2011-10665 2012-02343 2012-02344 Docket No. O-26541/09 M138438
06-15-2012
In the Matter of Donna Hubbard, respondent, v. Raymond Ponce DeLeon, appellant.
, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on appeals from a decision of the Family Court, Kings County, dated August 8, 2011, an order of protection of the same court dated January 31, 2012, and an order of fact-finding and disposition of the same court dated February 1, 2012, inter alia, to recall and vacate a decision and order on motion of this Court dated March 22, 2012, which dismissed the appeal from the decision for failure to comply with a scheduling order dated December 6, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), and reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated March 22, 2012, is recalled and vacated, and the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the decision dated August 8, 2011 (Appellate Division Docket No. 2011-10665), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).
DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court