Matter of S. (Anonymous), Anthony; Administration for Children's Serv
Motion No: 2021-07016
Slip Opinion No: 2021 NY Slip Op 74196(U)
Decided on November 5, 2021
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

M279941

MB/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

WILLIAM G. FORD

DEBORAH A. DOWLING, JJ.

2021-07016, 2019-07019

In the Matter of Anthony S. (Anonymous).

Administration for Children's Services, petitioner;

Stephen S. (Anonymous), et al., respondents.

(Docket No. N-6900-2020)

DECISION & ORDER ON MOTION

Motion by Stephen S. for leave to appeal to this Court from two orders of the Supreme Court, Queens County, dated June 16, 2021, and September 28, 2021, respectively, to waive the filing fees for the appeals, to return the subject child to his care, and for a change of venue.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the orders are appealable as of right (see Family Court Act § 1112[a]); and it is further,

ORDERED that the branches of the motion which are to return the subject child to the care of Stephen S. and for a change of venue are denied; and it is further,

ORDERED that the motion is otherwise denied without prejudice to renew upon the filing of a timely notice of appeal (see Family Court Act § 1113; see CPLR 5514).

RIVERA, J.P., CHAMBERS, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court