Appellate Division: Second Judicial Department

M213774

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-05664 In the Matter of Ima P. (Anonymous), respondent, v Joao P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joao P. (Anonymous), appellant, v Ima P. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Lilly P. (Anonymous). Westchester Department of Social Services, petitione respondent; Joao P. (Anonymous), respondent-appell (Proceeding No. 3) (Docket Nos. V-3289-16, V-3290-16; N-3345-16)

DECISION & ORDER ON MOTION r- ant.

Motion by Joao P. for leave to appeal to this Court from an order of the Family Court, Westchester County, dated May 5, 2016, to stay enforcement of the order pending hearing and determination of the appeal, for poor person relief, and to recuse the justice presiding in the Family Court, Westchester County.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from so much of the order as awarded temporary unsupervised visitation to Ima P., liberal access to Joao P., joint custody to the parents, and access to all medical information is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from so much of the order as directed the temporary removal of the subject child, placed the subject child with Ima P. to reside at a certain residence until discharged from the hospital, and precluded Ima P. and Joao P. from removing the subject child from the hospital treatment is denied as unnecessary as those portions of the order are appealable as of right; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order as awarded temporary unsupervised visitation to Ima P., liberal access to Joao P., joint custody to the parents, and access to all medical information is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the appeal from so much of the order as directed the temporary removal of the subject child, placed the subject child with Ima P. to reside at a certain residence until discharged from the hospital, and precluded Ima P. and Joao P. from removing the subject child from the hospital treatment is dismissed, without costs or disbursements on the ground that those portions of the order have been superseded by an order of the Family Court, Westchester County, dated June 15, 2016; and it is further,

ORDERED that the motion is otherwise denied as academic.

LEVENTHAL, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court