Matter of Alphonse v Alphonse
Motion No: 2014-09565
Slip Opinion No: 2014 NY Slip Op 89225(U)
Decided on November 7, 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

M181904

E/ct

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-09565, 2014-09566

In the Matter of Claudia Marseille Alphonse,

respondent, v Jasem Alphonse, appellant.

(Docket No. O-3290-13)

DECISION & ORDER ON MOTION

Appeals by Jasem Alphonse from an order of protection of the Family Court, Rockland County, dated September 30, 2014, and an order of same court also dated September 30, 2014.

On the Court's own motion, it is

ORDERED that the appeal from the order of protection, under Appellate Division Docket No. 2014-09565, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the appeal from the order, under Appellate Division Docket No. 2014-09566, is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 8 (see Family Ct Act § 1112), and leave to appeal has not been granted.

RIVERA, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court