Opinion
881 CAF 16–02317
11-16-2018
In the MATTER OF JANETTE G. Erie County Department of Social Services, Petitioner–Respondent; v. Terry S., Respondent, and Julie G., Respondent–appellant. (Appeal No. 1.)
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT. JAMES E. BROWN, BUFFALO, FOR PETITIONER–RESPONDENT. JESSICA L. VESPER, BUFFALO, ATTORNEY FOR THE CHILD.
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT.
JAMES E. BROWN, BUFFALO, FOR PETITIONER–RESPONDENT.
JESSICA L. VESPER, BUFFALO, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: In these consolidated appeals, respondent mother appeals from two orders that denied without prejudice the mother's respective motions seeking to preclude testimony from certain witnesses and to quash the subpoenas issued by petitioner for those witnesses to testify at a hearing in a proceeding pursuant to Family Court Act article 10. The appeals must be dismissed, inasmuch as any right of direct appeal from the orders terminated with the entry of the order of disposition, from which no appeal was taken (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976] ; Matter of Jerralynn R. Mc. [Scott Mc.], 114 A.D.3d 793, 794, 980 N.Y.S.2d 524 [2d Dept. 2014] ; Matter of Orzech v. Nikiel, 91 A.D.3d 1305, 1306, 937 N.Y.S.2d 509 [4th Dept. 2012] ; see generally Firestone v. Firestone, 44 A.D.2d 671, 672, 354 N.Y.S.2d 645 [1st Dept. 1974] ).