Matter of Free v Lyons
Motion No: 2023-06695
Slip Opinion No: 2024 NY Slip Op 60131(U)
Decided on January 5, 2024
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

M293380

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2023-06695

In the Matter of Marcellus Free, petitioner-responden

v J'Naya Lyons, respondent-respondent,

Church of Latter-Day Saints Act of Love

Adoption Agency, respondent-appellant.

(Proceeding No. 1)

In the Matter of Annette Hubbard, petitioner,

v J'Naya Lyons, respondent-respondent,

Church of Latter-Day Saints Act of Love

Adoption Agency, respondent-appellant.

(Proceeding No. 2)

(Docket Nos. V-4664-2022/22A, V-4750-2022)

DECISION & ORDER ON MOTION

t,

Appeal from an order of the Family Court, Dutchess County, dated July 21, 2023. Motion by the appellant for leave to appeal to this Court from the order, to stay enforcement of the order, and to stay all proceedings in the above-entitled proceedings, 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 is denied; and it is further,

ORDERED that the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court