Matter of A. (Anonymous)
Motion No: 2015-06374
Slip Opinion No: 2015 NY Slip Op 83226(U)
Decided on September 1, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M197492

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2015-06374, 2015-06377, 2015-07787

2015-07781

In the Matter of Child A. (Anonymous).

Parent M. (Anonymous), et al., appellants;

Spence-Chapin Services to Families & Children,

et al., respondents.

(Proceeding No. 1)

In the Matter of Child C. (Anonymous).

Parent M. (Anonymous), et al., appellants;

Spence-Chapin Services to Families & Children,

et al., respondents.

(Proceeding No. 2)

(File Nos. 46725/14, 46726/14)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the trial in the above-entitled proceedings pending hearing and determination of appeals from three orders of the Surrogate's Court, Nassau County, dated October 2, 2014, March 19, 2015, and June 30, 2015, respectively, and a decision of the same court dated June 10, 2015.

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 from the order dated March 19, 2015, is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, the appeal from the decision 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 motion is granted to the extent that the trial in the above-entitled proceedings is stayed pending hearing and determination of the appeals from the orders dated October 2, 2014, and June 30, 2015; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court