Appellate Division: Second Judicial Department

M177131

E/sl

PETER B. SKELOS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-06205 Joshua Kaminash, respondent, v Limor Levi, appellant. (Index No. 56791/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2014, to preclude overnight visitation between the respondent and the subject child and to exclude the attorney for the child from participating or attending the in camera interview with the subject child. Application by the appellant to extend the time to serve the order to show cause and accompanying papers which initiated the subject motion.

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

ORDERED that the application is denied; and it is further,

ORDERED that the motion is dismissed for failure to serve the order to show cause in accordance with its terms; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.

SKELOS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court