Admin. for Children's Servs. v. Caroline C. (In re Sarah C.)

Full title: In the Matter of Sarah C. (Anonymous). Administration for Children's…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jan 15, 2013

2013 N.Y. Slip Op. 61571 (N.Y. App. Div. 2013)

Opinion

2012-09275 Docket No. N-31164-09 N-31165-09 N-31166-09 N-31167-09 M149603

01-15-2013

In the Matter of Sarah C. (Anonymous). Administration for Children's Services, petitioner; v. Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 1) In the Matter of Shawn C. (Anonymous). Administration for Children's Services, petitioner; v. Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 2) In the Matter of Joseph C. (Anonymous). Administration for Children's Services, petitioner; v. Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 3) In the Matter of Joshua C. (Anonymous). Administration for Children's Services, petitioner; v. Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 4)

REINALDO E. RIVERA

, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Appeal by District Attorney of Kings County from an order of the Family Court, Kings County, dated September 5, 2012. By order to show cause dated November 27, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was entered upon the default of the appealing party (see CPLR 5511) or on the ground that the order was issued ex parte and therefore no appeal lies (see CPLR 5704). Application by the appellant to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the appeal is marked withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

RIVERA, J.P., LOTT, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court