Appellate Division: Second Judicial Department

M210475

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2016-03108, 2016-03109 In the Matter of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria S. (Anonymous), et al., respondents-appellants. (Docket Nos. N-16227-15, N-16229-15)

DECISION & ORDER ON MOTION

Motion by Victoria S. and Santiago S. to stay enforcement of two orders of the Family Court, Westchester County, both dated April 1, 2016, pending hearing and determination of appeals therefrom.

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 purported appeals taken by Santiago S. are dismissed, without costs or disbursements, on the ground that he did not sign the notice of appeal and that Victoria S., who is not an attorney licensed to practice law in New York, was without authority to take an appeal on his behalf (see CPLR 321; Vitiello v Merwin, 130 AD3d 609), without prejudice to Santiago S. filing a notice of appeal in accordance with CPLR 5513(a) and Family Court Act § 1113; and it is further,

ORDERED that on the Court's own motion, the motion is dismissed insofar as asserted on behalf of Santiago S. as he lacks standing to seek this relief because he is not a party to the appeals; and it is further,

ORDERED that on the Court's own motion, the appeal by Victoria S. from the order dated April 1, 2016, under Appellate Division Docket No. 2016-03109, is dismissed as academic, without costs or disbursements, as this order expired April 13, 2016; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court