Matter of H. (Anonymous), Sinaya; H. (Anonymous), Adalienal H. (Anony
Motion No: 2017-05011
Slip Opinion No: 2017 NY Slip Op 74473(U)
Decided on May 19, 2017
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

M231508

S/ct

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-05011

In the Matter of Sinaya H. (Anonymous).

Orange County Department of Social Services,

petitioner; Michael H. (Anonymous), et al., responde

District Attorney, Orange County, nonparty-appellant

(Proceeding No. 1)

In the Matter of Adaliena H. (Anonymous).

Orange County Department of Social Services,

petitioner; Michael H. (Anonymous), et al., responde

District Attorney, Orange County, nonparty-appellant

(Proceeding No. 2)

In the Matter of Zachary H. (Anonymous).

Orange County Department of Social Services,

petitioner; Michael H. (Anonymous), et al., responde

District Attorney, Orange County, nonparty-appellant

(Proceeding No. 2)

(Docket Nos. N-3569-16, N-3572-16, N-3573-16, N-

DECISION & ORDER ON MOTION



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3575-16)

Motion by the District Attorney, Orange County for leave to appeal to this Court from an order of the Family Court, Orange County, dated May 4, 2017, and, in effect, to stay all proceedings against Michael H. in the Family Court, Orange County, in connection with the above-entitled proceedings pending hearing and determination of the appeal.

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 is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112) and a notice of appeal has been filed; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay all proceedings against Michael H. in the Family Court, Orange County, in connection with the above-entitled proceedings, is granted and all proceedings against Michael H. in the Family Court, Orange County, in connection with the above-entitled proceedings are stayed pending hearing and determination of the appeal, or resolution of the criminal action pending against Michael H. in the County Court, Orange County.

LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court