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In re Sarah A. (Anonymous)

Supreme Court of New York, Second Department

January 29, 2014

In the Matter of Sarah A. (Anonymous). Administration for Children's Services, petitioner- respondent; and Daniel A. (Anonymous), respondent- appellant, et al., respondent. (Proceeding No. 1) In the Matter of Daniel A. (Anonymous). Administration for Children's Services, petitioner- respondent; Daniel A. (Anonymous), respondent- appellant, et al., respondent. (Proceeding No. 2) Docket Nos. N-965-10, N-966-10

Rhonda R. Weir, Brooklyn, N.Y., for respondent-appellant.

Jeffrey D. Friedlander, Acting Corporation Counsel, New York, N.Y. (Leonard Koerner and Larry A. Sonnenshein of counsel), for petitioner-respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorney for the children.

REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL, SHERI S. ROMAN, JJ.

DECISION & ORDER

In related child neglect proceedings pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from so much of an order of the Family Court, Queens County (Arias, J.), dated July 26, 2012, as purportedly denied that branch of his motion which was to prohibit the mother from moving into the paternal grandmother's home with the subject children.

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

The order appealed from did not decide that branch of the father's motion which was to prohibit the mother from moving into the paternal grandmother's home with the subject children. The father's contentions concerning that branch of the motion are therefore not properly before us, as that branch of the motion remains pending and undecided (see Katz v Katz, 68 A.D.2d 536; see also CPLR 5511).

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.


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