Matter of Scalia v Redmond-Mercereau
Motion No: 2010-02769
Slip Opinion No: 2010 NY Slip Op 81614(U)
Decided on September 7, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108024

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-02769

In the Matter of John Scalia, et al., petitioners,

v Janet Redmond-Mercereau, respondent-respondent;

Steven Banks, nonparty-appellant.

(Docket Nos. V-5567-08, V-5568-08)

DECISION & ORDER ON MOTION

Appeal by the attorney for the subject children from an order of the Family Court, Richmond County, dated February 19, 2010.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court