Matter of Singer v Windfield
Motion No: 2014-03467
Slip Opinion No: 2014 NY Slip Op 78909(U)
Decided on July 25, 2014
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

M177507

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2014-03467

In the Matter of Karen Singer, respondent,

v Jason Windfield, appellant.

(Docket No. F-3457-11/11A)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Westchester County, dated January 6, 2012, on the ground that no appeal lies as of right from a nondipositional order in a proceeding pursuant to Family Court article 4 and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the the branch of the motion which is to dismiss the appeal on the ground that no appeal lies as of right from a nondipositional order in a proceeding pursuant to Family Court article 4 and leave to appeal has not been granted is granted and the appeal is dismissed, without costs or disbursements (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court