IN RE: MONIQUE DESIREE KELLY (2017)

Supreme Court, Appellate Division, Fourth Department.

IN RE: MONIQUE DESIREE KELLY, PETITIONER–APPELLANT, v. CHAUVONNE SENIOR, RESPONDENT–RESPONDENT.

CAF 16–00265

Decided: June 09, 2017

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

WILLIAM D. BRODERICK, JR., ELMA, FOR PETITIONER–APPELLANT. DAVID J. PAJAK, ALDEN, FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

MELISSA A. REESE, ATTORNEY FOR THE CHILD, BUFFALO.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

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 AD3d 1575, 1576, lv dismissed in part and denied in part 16 NY3d 760). 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 AD3d 1088, 1088, lv denied 10 NY3d 710; see Sholes v. Meagher, 100 N.Y.2d 333, 335). We therefore dismiss the appeal.

Frances E. Cafarell

Clerk of the Court

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