Appellate Division: Second Judicial Department

M152180

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-01496 In the Matter of Nathan F. T. (Anonymous), Jr. Westchester County Department of Social Services, respondent; Nathan H. (Anonymous), appellant; Gillian McGoey, nonparty-appellant. (Docket No. B-8315-12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated February 26, 2013, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by Nathan H. and Gillian McGoey from an order of the Family Court, Queens County, dated December 12, 2012.

On the Court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Nathan H. and/or Gillian McGoey in the above-entitled proceeding on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Social Services Law § 384-6 (see Family Ct Act § 1112), and leave to appeal has not been granted, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before March 21, 2013; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court