Matter of Wagner v Wagner
Motion No: 2010-10213
Slip Opinion No: 2011 NY Slip Op 60697(U)
Decided on January 7, 2011
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

M113347

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-10213

In the Matter of Lisa J. Wagner, respondent,

v Eric D. Wagner, appellant.

(Docket No. V-9726/10)

DECISION & ORDER ON MOTION

Appeal by Eric D. Wagner from an order of the Family Court, Suffolk County, dated September 14, 2010.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3 (see Family Ct Act § 1112), and leave to appeal has not been granted.

MASTRO, J.P., RIVERA, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court