IN RE: OLU S. (Anonymous) (1997)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: OLU S. (Anonymous), et al., Appellants, v. NEW YORK CITY COMMISSIONER OF SOCIAL SERVICES, et al., Respondents.

Decided: March 03, 1997

Before BRACKEN, J.P., and COPERTINO, JOY, FLORIO and McGINITY, JJ.

Olu S. and Oluwafunmbi A., Brooklyn, NY, appellants pro se. Carrieri & Carrieri, P.C., Mineola, NY (Jeffrey L. Blinkoff, of counsel), for respondent Little Flower Children's Services. Jane M. Spinak, New York City (Raymond E. Rogers, of counsel), Law Guardian for the children.

In a habeas corpus proceeding, the petitioners appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated February 9, 1995, which transferred the proceeding to the Family Court, Queens County.

ORDERED that the appeal is dismissed, without costs or disbursements.

The present appeal is not authorized by the governing statute (see, CPLR 7011; People ex rel Tatra v. McNeill, 19 A.D.2d 845, 244 N.Y.S.2d 463). In a habeas corpus proceeding, no appeal lies from an intermediate order (see, Matter of Wilkes v. Wilkes, 212 A.D.2d 719, 622 N.Y.S.2d 608 [and cases cited therein]; see also, People ex rel. Falaq v. Dalsheim, 122 A.D.2d 93, 504 N.Y.S.2d 236; cf., Matter of Brevorka ex rel. Wittle v. Schuse, 227 A.D.2d 969, 643 N.Y.S.2d 861 ).

MEMORANDUM BY THE COURT.

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