| Matter of State of New York v T. (Anonymous) |
| Motion No: 2010-05562 |
| Slip Opinion No: 2010 NY Slip Op 75420(U) |
| Decided on June 25, 2010 |
| 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
M104839
E/sl
JOSEPH COVELLO, J.P.
HOWARD MILLER
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-05562 In the Matter of State of New York, respondent, v Michael T. (Anonymous), appellant. (Index No. 1849/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated April 16, 2010, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original record.
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, on the ground that the order dated April 16, 2010, is not appealable as of right (see Mental Hygiene Law § 10.13[b]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
COVELLO, J.P., MILLER, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court