| Matter of State of New York v M. (Anonymous) |
| Motion No: |
| Slip Opinion No: 2011 NY Slip Op 84307(U) |
| Decided on September 21, 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
M126211
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2011-07992 In the Matter of State of New York, respondent, Carmelo M. (Anonymous), appellant. (Index No. 33533/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 21, 2011, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.
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 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.
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court