Appellate Division: Second Judicial Department

M218861

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

BETSY BARROS, JJ.

2016-09149, 2016-09150 In the Matter of Evans Noel, petitioner-respondent, v Widlyne Melle, respondent-respondent; Ethan N. (Anonymous), nonparty-appellant. (Docket No. V-662-11/16A)

DECISION & ORDER ON MOTION

Motion by Ethan N. for leave to appeal to this Court from a dispositional order of the Supreme Court, Kings County (IDV Part), dated August 23, 2016, and a warrant of arrest of the same court also dated August 23, 2016, and to stay enforcement of the order and the warrant of arrest pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the dispositional order is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from the warrant of arrest is denied as no appeal lies from a warrant of arrest (see Family Ct Act § 1112; CPLR 2219); and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the warrant of arrest is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is for a stay is granted, and enforcement of the dispositional order and the warrant of arrest is stayed pending hearing and determination of the appeal from the dispositional order.

ENG, P.J., BALKIN, HALL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court