| People ex rel. Miller, o/b/o Stevens v Department of Social S |
| Motion No: 2008-03051 |
| Slip Opinion No: 2008 NYSlipOp 75518(U) |
| Decided on June 20, 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. |
Appellate Division: Second Judicial Department
M72080
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
HOWARD MILLER
WILLIAM E. McCARTHY, JJ.
|
2008-03051 The People etc., ex rel. Samantha Miller, o/b/o Danny Stevens, respondent, v Department of Social Services, appellant. (Index No. 4783-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Suffolk County, dated April 1, 2008, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., FLORIO, MILLER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court