The appeal must be dismissed. As noted in that decision, upon respondent's objection to an appeal maintained by Allyson Leahy, a minor, this appeal was commenced on August 27, 1999. The notice of petition and petition are virtually identical to the papers in the first appeal, they seek the same relief, and they differ only in that Marsha Leahy, the mother of Allyson Leahy, is the petitioner.
Petitioner challenges only the penalty imposed as being unduly harsh and excessive.
Respondent, while defending the propriety of the penalty, asserts that the instant appeal is untimely, since it was commenced more than 30 days after respondent affirmed the penalty. I will not dismiss the matter for untimeliness. The record indicates that, prior to the commencement of this appeal, petitioner's counsel contacted my Office of Counsel, which agreed to accept the papers in this appeal without payment of an additional filing fee. In essence, this appeal has superseded the prior appeal. The prior appeal was served in a timely manner, presented identical claims, and there is no showing or possibility of prejudice to respondent.