| Matter of R. (Anonymous) v C. (Anonymous) |
| Motion No: 2011-03496 |
| Slip Opinion No: 2011 NY Slip Op 71798(U) |
| Decided on May 4, 2011 |
| 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
M119535
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
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2011-03496, 2011-03497 In the Matter of Tianna R. (Anonymous), petitioner-respondent, v Timothy C. (Anonymous), respondent-respondent; Evan Tanenbaum, nonparty-appellant. (Docket No. P-8453/10)
| DECISION & ORDER ON MOTION |
Motion by Evan Tanenbaum, attorney for the child, for leave to appeal to this Court from a decision of the Family Court, Suffolk County, dated March 31, 2011, and an order of the same court dated April 1, 2011, and, in effect, to stay enforcement of the order, which directs a paternity test, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision dated March 31, 2011 (Appellate Division Docket No. 2011-03497), purportedly taken as of right, is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order dated April 1, 2011 (Appellate Division Docket No. 2011-03496), purportedly taken as of right, is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court