| Matter of M. (Anonymous), Brian |
| Motion No: 2019-02365 |
| Slip Opinion No: 2019 NY Slip Op 68236(U) |
| Decided on April 18, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M262032
E/mm
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2019-02365, 2019-02366 In the Matter of Brian M. (Anonymous), appellant. (Docket No. D-18571-18)
| DECISION & ORDER ON MOTION |
2019-02660
In the Matter of Brian M. (Anonymous),
appellant.
(Docket No. D-18571-18)
Motion by the appellant to stay enforcement of an order of fact-finding and disposition of the Family Court, Suffolk County, dated March 5, 2019, and an order of protection of the same court also dated March 5, 2019, pending hearing and determination of appeals therefrom. Separate motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated March 11, 2019, and to consolidate an appeal from that order with the appeals from the orders dated March 5, 2019. Application by the appellant to withdraw the appeal from the order of protection dated March 5, 2019.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated March 11, 2019, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the application is granted and the appeal from the order of protection dated March 5, 2019, is deemed withdrawn; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order of fact-finding and disposition is granted and enforcement of the order of fact-finding and disposition is stayed pending hearing and determination of the appeal from that order; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order of protection dated March 5, 2019, and the motion to stay enforcement of the order dated March 11, 2019, and to consolidate the appeals are denied as academic.
AUSTIN, J.P., LEVENTHAL, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court