Matter of S. (Anonymous), Zariah; Suffolk County Department of Social
Motion No: 2019-06735
Slip Opinion No: 2019 NY Slip Op 75189(U)
Decided on July 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264436

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2019-06735, 2019-06742

In the Matter of Zariah S. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; Bernadine C. (Anonymous),

et al., respondents-appellants.

(Docket Nos. N-8548-19, N-8552-19)

DECISION & ORDER ON MOTION

Joint motion by the appellants, in effect, to stay enforcement of a decision and an order of the Family Court, Suffolk County, both dated June 5, 2019, for poor person relief, and for the assignment of counsel.

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 the branch of the motion which is for a stay is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel with respect to the appeal from the order are denied, with leave to renew, within 30 days of the date of this decision and order on motion, upon proper papers, including the appellants' affidavits setting forth their full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and those branches of the motion are otherwise denied as academic.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court