Matter of Plotnick v Sullivan
Motion No: 2011-08551
Slip Opinion No: 2011 NY Slip Op 90283(U)
Decided on November 21, 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

M128935

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-08551

In the Matter of Steven S. Plotnick, appellant-

respondent, v Daria M. Sullivan, respondent-

appellant.

(Docket Nos. V-6682-04/10J, K, V-6683-04/10J, K)

DECISION & ORDER ON MOTION

Appeal by Steven S. Plotnick and cross appeal by Daria M. Sullivan from an order of the Family Court, Nassau County, dated September 6, 2011. By order to show cause dated October 13, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal in the above-entitled proceeding on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3, and leave to appeal has not been granted.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeal and cross appeal are dismissed, without costs or disbursements (see Family Ct Act § 1112).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court