| MATTER OF ERIC S., JR. |
| Motion No: CAF 18-01006 |
| Slip Opinion No: 2018 NY Slip Op 76509(U) |
| Decided on June 19, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND WINSLOW, JJ.
APPELLATE DIVISION DOCKET NO. CAF 18-01006
DOCKET NO. B-17614-15
APPELLATE DIVISION DOCKET NO. CAF 18-01092
DOCKET NO. B-17614-15
| MATTER OF ERIC S., JR. ERIE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; ERIC S., SR., RESPONDENT-APPELLANT. MATTER OF ERIC S.,
JR. ————————————————————&mdash
;—————————————————- ERIE COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; ERIC S., SR., RESPONDENT-APPELLANT. |
The Attorney for the Child having moved to dismiss as untimely the appeals taken herein from a decision of the Family Court, Erie County, entered in the Office of the Clerk of said Court on January 31, 2017 (CAF 18-01006), and from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on December 26, 2017 (CAF 18-01092), and for other relief,
Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated May 14, 2018, the notice of motion with proof of service thereof, and the affirmation of Evelyne A. O'Sullivan, Esq., dated June 1, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that, with respect to the appeal taken from the decision entered January 31, 2017, the motion is granted and the appeal is dismissed on the ground that no appeal lies from a decision (see Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]), and
It is further ORDERED that, with respect to the appeal taken from the order entered December 26, 2017, the motion is denied (see Matter of Kquamere R. and Syria W., 2012 WL 653524).
Entered: June 19, 2018
MARK W. BENNETT, Clerk