Appellate Division: Second Judicial Department

M94401

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-09678, 2009-10029 In the Matter of Valerie Buxbaum, respondent, v Michael Buxbaum, appellant. (Docket No. V-754/06)

DECISION & ORDER ON MOTION

Motion by Michael Buxbaum, inter alia, for leave to appeal to this court from an order of the Family Court, Rockland County, dated October 13, 2009, and a transcript of the proceedings in the above-entitled matter dated October 16, 2009, to amend the caption, to vacate so much of the order as directed that the appellant's visitation with the child be supervised, to vacate the directive set forth in the transcript of the proceedings on October 16, 2009, continuing the supervised visitation, and to direct an immediate hearing on the issues of custody and visitation.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated October 13, 2009, purportedly taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a visitation proceeding (see Family Ct Act § 1112); and it is further,

ORDERED that on the court's own motion, the appeal from the transcript dated October 16, 2009, purportedly taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is otherwise denied as academic.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court