Opinion
Motion No. CAF 24-00881 Docket Nos. B-714-21 B-716-23
07-16-2024
IN THE MATTER OF SKYLER L. AND WILLIAM C. GENESEE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER; LACY L., RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, OGDEN, AND DELCONTE, JJ.
Respondent having moved for permission to file a notice of appeal from a decision of the Family Court, Genesee County, dated July 13, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is dismissed.
Memorandum: No appeal lies from a decision (see Kuhn v Kuhn, 129 A.D.2d 967, 967 [4th Dept 1987]). To the extent that the motion can be construed as seeking permission to file a notice of appeal from the subsequent dispositional orders of Family Court entered July 18, 2023, the papers submitted on this motion do not establish that the time to appeal has expired inasmuch as the affidavits of service by mail of the orders fail to specify which of the two permissible locations the orders were deposited in (see CPLR 2103 [f] [1]).