| Matter of Toohey v Herzog |
| Motion No: 2008-09833 |
| Slip Opinion No: 2008 NYSlipOp 88425(U) |
| Decided on November 6, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M78164
S/sl
PETER B. SKELOS, J.P.
ROBERT A. LIFSON
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-09833 In the Matter of Maureen Toohey, respondent, v Bruce Herzog, appellant. (Index No. F-00538-06)
| DECISION & ORDER ON MOTION |
Appeal by Bruce Herzog from an order of the Family Court, Putnam County, dated September 9, 2008.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from the order dated September 9, 2008, until confirmed by a judge of the Family Court (see Family Ct Act § 439[a]; Matter of Roth v Bowman, 25 AD2d 521).
SKELOS, J.P., LIFSON, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court