Majority
p. 904In the Matter of Shaida W. and Others, Children Alleged to be Neglected. Frances W., Respondent. Commissioner of Social Services of the City of New York, Respondent-Appellant; Lenore Gittis, as Law Guardian, Appellant-Respondent. Submitted September 6, 1994; decided October 27, 1994 Submitted September 26, 1994;
Motion for leave to appeal by appellant-respondent Law Guardian granted. Motion for leave to appeal by respondent-appellant Commissioner dismissed upon the ground that it does not lie (see, Koch v Consolidated Edison Co., 62 NY2d 548 , 562, n 10). Motions for a stay granted to the extent of staying the Appellate Division order without prejudice to movant seeking other relief before an appropriate court of original jurisdiction (see, Family Ct Act § 1055 [b] [v]).
Cases cited
- Koch v. Consolidated Edison Co. 62 NY2d 548 at 562 p. 904