Matter of Simon v Brown
Motion No: 2015-09947
Slip Opinion No: 2016 NY Slip Op 60743(U)
Decided on January 11, 2016
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

M204518

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-09947

In the Matter of Shanna Simon, appellant,

v Matthew Brown, respondent.

(Proceeding No. 1)

In the Matter of Matthew Brown, etc., respondent,

v Shanna Simon, appellant.

(Proceeding No. 2)

(Docket Nos. V-9936-12/15K, V-9937-12/15E,

O-9733-15/15A)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated November 18, 2015, which dismissed an appeal from an order of the Family Court, Westchester County, dated September 24, 2015, on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3, and for leave to appeal from the order.

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

ORDERED that the motion is denied.

DILLON, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court