| MATTER OF THOMAS W. STORY V RHIANNA HOLSCHER |
| Motion No: CAF 13-02173 |
| Slip Opinion No: 2014 NY Slip Op 61801(U) |
| Decided on January 15, 2014 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-02173
DOCKET NO. V-09968-05-13E
| MATTER OF THOMAS W. STORY,
PETITIONER-APPELLANT, V RHIANNA HOLSCHER, RESPONDENT-RESPONDENT. |
The attorney for the child having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on October 28, 2013,
Now, upon reading and filing the affirmation of Michele A. Brown, Esq., filed December 6, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]).
Entered: January 15, 2014
FRANCES E. CAFARELL, Clerk