| Matter of Tavano v Gering |
| Motion No: 2013-07758 |
| Slip Opinion No: 2013 NY Slip Op 89730(U) |
| Decided on October 28, 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
M164307
E/ct
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2013-07758 In the Matter of Charisse Tavano, respondent, v Andrew Gering, appellant. (Docket No. F-13088-12/12B)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Westchester County, dated June 19, 2013, on the ground that no appeal lies as of right from an order which denies objections to a nonfinal order of a support magistrate. Cross motion by the appellant for leave to appeal to this Court from the order dated June 19, 2013.
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 cross motion is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Family Ct Act § 439[e]; 1112); and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court