Appellate Division: Second Judicial Department

M123520

T/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-06008, 2011-06632 In the Matter of Frank Castillo, petitioner, v Joanna Johnson, et al., respondents. (Docket Nos. V-10253-09, V-10254-09, V-10253-09/11A, V-10254-09/11A)

DECISION & ORDER ON MOTION

Motion by Daniel D. Molinoff, attorney for the child, for leave to appeal to this Court from two orders of the Family Court, Westchester County, both dated June 17, 2011, and, inter alia, to stay enforcement of the orders 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 the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated June 17, 2011 (Appellate Division Docket No. 2011-06632), purportedly taken as of right by Joseph Briggi, is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6 (see Family Ct Act § 1112), and we decline to grant leave to appeal.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court