Opinion
06-09-2017
In the Matter of Monique Desiree KELLY, Petitioner–Appellant, v. Chauvonne SENIOR, Respondent–Respondent.
William D. Broderick, Jr., Elma, for Petitioner–Appellant. David J. Pajak, Alden, for Respondent–Respondent. Melissa A. Reese, Attorney for the Child, Buffalo.
William D. Broderick, Jr., Elma, for Petitioner–Appellant.
David J. Pajak, Alden, for Respondent–Respondent.
Melissa A. Reese, Attorney for the Child, Buffalo.
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND NEMOYER, JJ.
MEMORANDUM:
In this proceeding pursuant to Family Court Act article 6, petitioner mother appeals from an order in which Family Court sua sponte dismissed her petition seeking custody of her son, with respect to whom her parental rights had previously been terminated ( Matter of Mikia H. [Monique K.], 78 A.D.3d 1575, 1576, 911 N.Y.S.2d 554, lv. dismissed in part and denied in part 16 N.Y.3d 760, 919 N.Y.S.2d 111, 944 N.E.2d 648 ). It is well settled that " ‘[n]o appeal lies as of right from an order [that] does not decide a motion made on notice,’ " and here the mother has not sought leave to appeal (Matter of Mary L.R. v. Vernon B., 48 A.D.3d 1088, 1088, 849 N.Y.S.2d 816, lv. denied 10 N.Y.3d 710, 859 N.Y.S.2d 396, 889 N.E.2d 83 ; see Sholes v. Meagher, 100 N.Y.2d 333, 335, 763 N.Y.S.2d 522, 794 N.E.2d 664 ). We therefore dismiss the appeal.It is hereby ORDERED that said appeal is unanimously dismissed without costs.