Matter of Holmes v Fetzko
Motion No: 2012-00366
Slip Opinion No: 2012 NY Slip Op 63425(U)
Decided on February 6, 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

M132744

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-00366

In the Matter of Tracy Holmes, respondent,

v Robert Fetzko, appellant.

(Docket Nos. F-16365-10/11A, F-16365-10)

DECISION & ORDER ON MOTION

Appeal by Robert Fetzko from an order of the Family Court, Westchester County, dated December 6, 2010.

On the Court's own motion, it is

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

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court