MATTER OF EBONY D. DAVIS V TONYA Y. DAVIS
Motion No: CAF 18-01129
Slip Opinion No: 2018 NY Slip Op 78739(U)
Decided on July 18, 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.


July 18, 2018

PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.

APPELLATE DIVISION DOCKET NO. CAF 18-01129
DOCKET NO. V-07595-17, V-11650-17

MATTER OF EBONY D. DAVIS, PETITIONER-APPELLANT,

V

TONYA Y. DAVIS, RESPONDENT-RESPONDENT.


The Attorney for the Child having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on May 4, 2018, and for other relief,

Now, upon reading and filing the affirmation of Richard L. Sullivan, Esq., dated June 8, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is granted on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and the appeal is dismissed without costs, and

It is further ORDERED that the motion is in all other respects dismissed.

Entered: July 18, 2018

MARK W. BENNETT, Clerk