Matter of M. (Anonymous), Ajaya A.; Administration for Children's Service
Motion No: 2023-04170
Slip Opinion No: 2023 NY Slip Op 68653(U)
Decided on June 14, 2023
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

M289513

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

BARRY E. WARHIT

LILLIAN WAN, JJ.

2023-04170, 2023-04171

In the Matter of Ajaya A. M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Heidi M. (Anonymous),

respondent-appellant, et al., respondent.

(Docket No. N-16651-2021)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Kings County, both dated April 27, 2023. Motion by the appellant to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeals, and, in effect, to dismiss the petition.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that so much of the orders as directed the production of the child on or before May 4, 2023, have expired by their own terms and no appeal lies from an order issued ex parte (see CPLR 5701, 5704).

DILLON, J.P., MALTESE, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court