Matter of Ivan v Ivan
Motion No: 2013-08984
Slip Opinion No: 2013 NY Slip Op 88189(U)
Decided on October 11, 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

M163649

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-08984

In the Matter of Anna Eagan Ivan, respondent,

v Richard Dale Ivan, appellant.

(Docket No. F-04305-12/12A)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a certain temporary order of support, pending hearing and determination of an appeal from an order of the Family Court, Westchester County, dated September 4, 2013.

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 is dismissed, without costs or disbursements, as no appeal lies as of right from a nonfinal order of support in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act §§ 439[e], 1112), and leave to appeal has not been granted.

ORDERED that the motion is denied as academic.

DILLON, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court