Appellate Division: Second Judicial Department

M214701

E/afa

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-06215, 2016-06837, 2016-06838, MOTION 2016-06840 In the Matter of Angela N. L. (Anonymous). Forestdale, Inc., et al., petitioners-respondents; Ying L. (Anonymous), et al., respondents- appellants. (Docket No. B-8133-15)

DECISION & ORDER ON

Motion by the respondent-appellant Ying L. on appeals from two orders of the Family Court, Queens County, dated September 24, 2015, and June 1, 2016, respectively, and two decisions of the same court dated September 24, 2015, and May 10, 2016, to stay enforcement of the order dated June 1, 2016, and to continue supervised visitation between herself and the subject child, pending hearing and determination of the appeal from the order dated June 1, 2016, and for a preference in the calendaring of that appeal.

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

ORDERED that on the Court's own motion, the appeal from the order dated September 24, 2015, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Social Services Law § 384-b (see Family Ct Act § 1112; Matter of Sheldon D. G., 6 AD3d 613; see also Matter of Alyssa L. [Deborah K.], 93 AD3d 1083, 1084-1085), and leave to appeal has not been granted; and it is further,

ORDERED that on the Court's own motion, the appeals from the decisions are 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 branch of the motion which is to stay enforcement of the order dated June 1, 2016, and to continue supervised visitation between the respondent-appellant Ying L. and the subject child is granted, and enforcement of the order dated June 1, 2016, is stayed, and supervised visitation between the respondent-appellant Ying L. and the subject child is continued, pending hearing and determination of the appeal from the order dated June 1, 2016, on condition that the respondent-appellant Ying L. perfects her appeal on or before August 26, 2016; and it is further,

ORDERED that in the event the respondent-appellant Ying L. does not perfect her appeal on or before August 26, 2016, the Court, on its own motion, may vacate the stay and discontinue the supervised visitation without further notice, or the petitioners-respondents may move to vacate the stay and discontinue the supervised visitation, on three days notice; and it is further,

ORDERED that the respondent-appellant Hang B. L. shall perfect his appeal from the order dated June 1, 2016, on or before August 26, 2016; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112[a]) .

HALL, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The case manager assigned to this case is Ms. Vasquez. Please contact her at 718-722-6488 with any questions.