Appellate Division: Second Judicial Department

M96131

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2009-09972, 2009-10656 In the Matter of Stephen Daniel A. (Anonymous). Administration for Children's Services, petitioner-respondent; Sandra M. (Anonymous), appellant, et al., respondent. (Docket No. NN-14666/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Family Court, Queens County, dated September 29, 2009, and to stay all proceedings in the above-entitled action pending hearing and determination of that appeal as well as an appeal from an order of the same court dated October 22, 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 22, 2009, is dismissed, without costs or disbursements, on the ground that the order does not affect a substantial right (see CPLR 5701[a][2][v]),

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order dated September 29, 2009, is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied.

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court