Matter of Rodriguez v Silva
Motion No: 2011-11646
Slip Opinion No: 2012 NY Slip Op 60127(U)
Decided on January 4, 2012
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

M130686

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-11646, 2011-11649

In the Matter of Michelle Rodriguez, appellant,

v Alex Javier Silva, respondent.

(Docket No. V-12329/11)

DECISION & ORDER ON MOTION

Appeals by Michelle Rodriguez from two orders of the Family Court, Queens County, both dated November 14, 2011.

On the Court's own motion, it is

ORDERED that the appeal from the order which awarded temporary visitation to the respondent is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5501); and it is further,

ORDERED that the appeal from the order which set forth the respondent's visitation schedule 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, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court