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MATTER OF MARINO v. SANFILIPPO

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190 A.D.3d 974 (2021)

136 N.Y.S.3d 893

2021 NY Slip Op 00432

In the Matter of Joann Marino, Respondent-Appellant, v. Francesca Sanfilippo, Appellant-Respondent, and Frank Garcia, Sr., et al., Respondents. (Proceeding No. 1.). In the Matter of Julio Castro, Respondent, v. Francesca Sanfilippo, Appellant, and Administration for Children's Services, Respondent. (Proceeding No. 2.).

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Christian P. Myrill , Jamaica, NY, for appellant-respondent in Proceeding No. 1 and appellant in Proceeding No. 2.

David Laniado , Cedarhurst, NY, for respondent-appellant in Proceeding No. 1.

James E. Johnson , Corporation Counsel, New York, NY ( MacKenzie Fillow and Cynthia Kao of counsel), for respondent-respondent Administration for Children's Services.

Austin I. Idehen , Jamaica, NY, attorney for the children.

Chambers, J.P., Miller, Duffy and Christopher, JJ., concur.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the first order dated December 20, 2019, is modified, on the law, (1) by deleting the provision thereof granting the mother parental access with Frank G. for "at least two weeks each summer," and (2) by adding...

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