| Matter of Bailey v Allen |
| Motion No: 2013-00755 |
| Slip Opinion No: 2013 NY Slip Op 72008(U) |
| Decided on April 26, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M155336
E/nl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-00755 In the Matter of Schashuna Bailey, appellant, v Howard Allen, respondent. (Docket No. V-21310-12)
| DECISION & ORDER ON MOTION |
Appeal by Schashuna Bailey from an order of the Family Court, Suffolk County, dated December 11, 2012. By order to show cause dated February 22, 2013, 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 on the ground that the order was not apppealable as it was issued ex parte.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5704).
DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court