Matter of L. (Anonymous), Michael; Administration for
Motion No: 2008-01184
Slip Opinion No: 2008 NYSlipOp 65340(U)
Decided on March 4, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67116

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-01184

In the Matter of Michael L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Robert K. (Anonymous),

et al., respondents-respondents; Catholic

Guardian Society, nonparty-respondent;

Rudolph Z. (Anonymous), et al., nonparty-appellants.

(Docket No. B-6053/06)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants on an appeal from an order of the Family Court, Richmond County, dated January 28, 2008, to vacate the order dated January 28, 2008, and remand the matter to the Family Court, Richmond County, for further proceedings, and to direct the petitioner-respondent and the nonparty-respondent to produce discovery pursuant to CPLR 3124.

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

ORDERED on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see Family Ct Act § 1112) and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court