| Matter of F. (Anonymous), Elianah; F. (Anonymous), Joshua; |
| Motion No: 2012-02914 |
| Slip Opinion No: 2012 NY Slip Op 71431(U) |
| Decided on April 26, 2012 |
| 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
M136647
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-02914 In the Matter of Elianah F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jonathan F. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joshua F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jonathan F. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-5027/12, N-5028/12) 2012-02917 In the Matter of Jessica F. (Anonymous), respondent, v Jonathan F. (Anonymous), appellant. (Docket No. O-4428/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of so much of two orders of the Family Court, Suffolk County, dated March 13, 2012, and March 21, 2012, respectively, as directed him to stay away and have no contact with Elianah F. and Joshua F. pending hearing and determination of appeals from those orders, and to consolidate 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 order dated March 13, 2012 (Appellate Division Docket No. 2012-02917), is dismissed, without costs or disbursements, as the order is not appealable as of right or by permission (see Family Ct Act § 1112; CPLR 5704); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated March 21, 2012, as directed the appellant to stay away and have no contact with Elianah F. and Joshua F. is granted to the extent that the appellant shall have supervised visitation with the subject children by a party approved by the Department of Social Services, and the matter is remitted to the Family Court, Suffolk County, for entry of an appropriate order of supervised visitation, and that branch of the motion is otherwise denied as academic; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court