Matter of C. (Anonymous) v State of New York
Motion No: 2021-04736
Slip Opinion No: 2021 NY Slip Op 75918(U)
Decided on December 13, 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

M280533

MB/

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

LARA J. GENOVESI, JJ.

2021-04736

In the Matter of Eric W. C. (Anonymous), appellant,

v State of New York, et al., respondents.

(Index No. 01377/2021)

DECISION & ORDER ON MOTION

Appeal by Eric W. C. from an order of the Supreme Court, Westchester County, dated June 15, 2021, which was dismissed by decision and order on motion of this Court dated September 17, 2021, on the ground that the order is not appealable as of right (see Mental Hygiene Law § 10.13), and leave to appeal has not been granted. Motion by Eric W. C., in effect, to vacate the decision and order on motion of this Court dated September 17, 2021, and to reinstate the appeal.

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

ORDERED that the motion is denied.

AUSTIN, J.P., HINDS-RADIX, BARROS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court