Matter of G. (Anonymous), Milasha Jasmine; Administration
Motion No: 2009-04877
Slip Opinion No: 2009 NY Slip Op 75163(U)
Decided on June 15, 2009
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

M87817

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-04877

In the Matter of Milasha Jasmine G. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Floyd G. (Anonymous),

respondent-respondent, et al., respondent;

Steven Banks, nonparty-appellant.

(Docket No. N-7149/08)

DECISION & ORDER ON MOTION

Motion by the attorney for the child, in effect, to stay enforcement of a decision of the Family Court, Queens County, dated May 4, 2009, and to direct the Administration for Children's Services to place the subject child with "Ms. H.," pending hearing and determination of the appeal.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Family Ct Act § 1112; Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court