| Matter of S. (Anonymous), Alexander J.; Juliet C.; Su |
| Motion No: 2009-08536 |
| Slip Opinion No: 2009 NY Slip Op 91176(U) |
| Decided on December 14, 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. |
Appellate Division: Second Judicial Department
M95922
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
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2009-08536 In the Matter of Alexander J. S. (Anonymous). Suffolk County Department of Social Services, respondent; David S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Juliet C. S. (Anonymous). Suffolk County Department of Social Services, respondent; David S. (Anonymous), appellant. (Proceeding No. 2) 2009-10991 In the Matter of Elida E. A. (Anonymous), respondent, v David S. (Anonymous), appellant. (Docket Nos. N-20633-08, N-20634-08, V-7018/06, V-7019/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Suffolk County, dated August 18, 2009 (Appellate Division Docket No. 2009-08536), and October 29, 2009 (Appellate Division Docket No. 2009-10991), respectively, to stay enforcement of the order dated October 29, 2009, as well as all proceedings pending in the Family Court, Suffolk County, under Docket Nos. V-7018/06, V-7019/06, and O-21394/07 (the custody, visitation, and family offense proceedings), pending hearing and determination of the appeal from the order dated August 18, 2009.
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 from the order dated October 29, 2009, (Appellate Division Docket No. 2009-10991), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act §1112); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings pending in the Family Court, Suffolk County, under Docket Nos. V-7018/06, V-7019/06, and O-21394/07 (the custody, visitation, and family offense proceedings) is granted and all proceedings pending under those Docket Numbers are stayed pending hearing and determination of the appeal from the order dated August 18, 2009 (Appellate Division Docket No. 2009-08536); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court