Appellate Division: Second Judicial Department

M139597

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2012-04560, 2012-04805 In the Matter of Mandela Tariji Brock El'Shabazz, appellant, v Dainna Aficar Joseph, respondent. (Appeal No. 1) In the Matter of Dainna Aficar Joseph, respondent, v Mandela Tariji Brock El'Shabazz, appellant. (Appeal No. 2) (Docket Nos. V-11191/12, V-11738/12, O-10668/12)

DECISION & ORDER ON MOTION

Motion by Mandela Tariji Brock El'Shabazz on appeals from two orders of the Family Court, Kings County, both dated April 26, 2012, inter alia, for leave to appeal to this Court from the temporary order of visitation and to stay enforcement of that order, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the temporary order of protection is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from nondispositional order in a proceeding pursuant to Family Court Act article 8 (see Family Court Act § 1112), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the temporary order of visitation is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the temporary order of visitation is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court