Matter of Ka v Carter
Motion No: 2013-04529
Slip Opinion No: 2013 NY Slip Op 79677(U)
Decided on July 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159308

E/sl

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-04529

In the Matter of El Hadj Falou Ka, respondent,

v Yvette Carter, appellant.

(Docket Nos. V-25930-11/11A, V-25930-11/12B,

V-25930-11/12C, V-25930-11/12D)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated May 2, 2013, which dismissed an appeal from an order of the Family Court, Queens County, dated March 12, 2013, on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3, for leave to appeal to this Court from the order, and to stay all proceedings in the above-entitled matters pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this Court dated May 2, 2013, and for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court