| Matter of M. (Anonymous), S. E.; Dutchess County Department of Social S |
| Motion No: 2021-03457 |
| Slip Opinion No: 2022 NY Slip Op 60078(U) |
| Decided on January 5, 2022 |
| 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
M280812
AFA/
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
|
2021-03457 In the Matter of S. E. M. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Elizabeth A. M. (Anonymous), respondent-appellant. (Docket No. B-1440-2019)
| DECISION & ORDER ON MOTION |
Appeal by Elizabeth A. M. from an order of the Family Court, Dutchess County, dated April 14, 2021. Motion by the petitioner-respondent to dismiss the appeal on the ground that the order dated April 14, 2021, was superseded by a "corrected" order of the same court dated April 30, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a nondispositional order in a proceeding pursuant to Social Services Law § 384- b (see Family Ct Act § 1112; Matter of Sheldon D. G., 6 AD3d 613; see also Matter of Alyssa L. [Deborah K.], 93 AD3d 1083, 1084-1085), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
DUFFY, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court