Matter of Free v Church of Latter Day Saints Act of Love Adoption Agen
Motion No: 2024-12764
Slip Opinion No: 2025 NY Slip Op 61139(U)
Decided on January 22, 2025
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

M302311

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2024-12764

In the Matter of Marcellus Free,

petitioner-respondent, v Church of Latter

Day Saints Act of Love Adoption Agency,

respondent-appellant, J'Naya Lyons,

respondent-respondent.

(Docket No. V-4664-2022/22A)

DECISION & ORDER ON MOTION

Appeal from a writ of habeas corpus of the Family Court, Dutchess County, dated November 14, 2024. Motion by the appellant for leave to appeal to this Court from the writ of habeas corpus and to stay enforcement of the writ of habeas corpus, 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.

MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court