Matter of Nassau County Department of Social Services v Eley
Motion No: 2022-06394
Slip Opinion No: 2022 NY Slip Op 73469(U)
Decided on October 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285537

AFA/

VALERIE BRATHWAITE NELSON, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

JOSEPH A. ZAYAS, JJ.

2022-06394

In the Matter of Nassau County Department

of Social Services, petitioner, v Sherry S.

Eley, respondent.

(Docket No. B-00511-2022)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to appeal to this Court from an order of the Family Court, Nassau County, dated August 1, 2022, for summary reversal of the order, and to stay enforcement of the order, pending hearing and determination of the appeal.

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

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

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

BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court