Appellate Division: Second Judicial Department

M43019

Y/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-06693, 2006-06694 In the Matter of Isaiah A. C., Jr., (Anonymous), respondent, v Faith T. (Anonymous), appellant. (File No. 538459)

DECISION & ORDER ON MOTION

Motion by Faith T. for leave to appeal to this court from an order of the Family Court, Nassau County, dated June 13, 2006, and a transcript of the same court also dated June 13, 2006, and, in effect, to stay enforcement of the order and all proceedings in the above-entitled matter pending hearing and determination of the appeals.

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

ORDERED that the appeal from the transcript (Appellate Division Docket No. 2006-06694) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order and for a stay is granted, enforcement of the order dated June 13, 2006, and all proceedings in the above-entitled matter are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 5, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 5, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court