Matter of P. (Anonymous), Khamari
Motion No: 2018-06038
Slip Opinion No: 2018 NY Slip Op 81491(U)
Decided on August 24, 2018
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

M254589

E/rr

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-06038, 2018-06040

In the Matter of Khamari P. (Anonymous),

appellant.

(Docket No. E-4244-16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a decision and an order of the Family Court, Kings County, both dated April 23, 2018.

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

ORDERED that on the Court's own motion, the appeal from the decision is 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 on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 3 (see Family Ct Act § 1112), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court