Matter of Karmel v Avery
Motion No: 2015-04972
Slip Opinion No: 2015 NY Slip Op 77173(U)
Decided on June 24, 2015
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

M194475

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2015-04972, 2015-04973, 2015-04974,

2015-04975

In the Matter of Carey Adina Karmel, respondent,

v Beth Avery, appellant.

(Docket No. O-4999-15)

DECISION & ORDER ON MOTION

Appeals by Beth Avery from a "notice to appear in court" from the Family Court, Westchester County, dated April 10, 2015, an ex parte temporary order of protection of the same court dated April 10, 2015, and two temporary orders of protection of the same court dated April 17, 2015, and May 5, 2015, respectively.

On the Court's own motion, it is

ORDERED that the appeals from the "notice to appear in court" and the ex parte temporary order of protection are dismissed, without costs or disbursements, as the notice to appear and the ex parte temporary order of protection are neither appealable as of right nor by permission (see Family Ct Act § 1112); and it is further,

ORDERED that the appeals from the temporary orders of protection are dismissed, without costs or disbursements, as no appeal lies as of right from nondispositional orders in a proceeding pursuant to Family Court Act article 8 (see Family Ct Act § 1112), and leave to appeal has not been granted.

ENG, P.J., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court