Opinion
Motion 2021-03457
01-05-2022
In the Matter of S. E. M. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Elizabeth A. M. (Anonymous), respondent-appellant. Docket No. B-1440-2019
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P., FRANCESCA E. CONNOLLY, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeal by Elizabeth A. M. from an order of the Family Court, Dutchess County, dated April 14, 2021. Motion by the petitioner-respondent to dismiss the appeal on the ground that the order dated April 14, 2021, was superseded by a "corrected" order of the same court dated April 30, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a nondispositional order in a proceeding pursuant to Social Services Law § 384- b (see Family Ct Act § 1112; Matter of Sheldon D. G., 6 A.D.3d 613; see also Matter of Alyssa L. [Deborah K.], 93 A.D.3d 1083, 1084-1085), and leave to appeal has not been granted; and it is further, ORDERED that the motion is denied as academic.
DUFFY, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.