Matter of Gilham v Davis
Motion No: 2015-12231
Slip Opinion No: 2016 NY Slip Op 65144(U)
Decided on February 24, 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

M206904

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

THOMAS A. DICKERSON

BETSY BARROS, JJ.

2015-12231, 2015-12232, 2015-12233,

2015-12234

In the Matter of Jollanna Gilham, respondent,

v Jameel Davis, appellant.

(Proceeding No. 1)

In the Matter of Jameel Davis, appellant,

v Jollanna Gilham, respondent.

(Proceeding No. 2)

(Docket Nos. F-11124-13, F-11124-13/15C)

DECISION & ORDER ON MOTION

Appeals by Jameel Davis from four orders of the Family Court, Westchester County, dated September 3, 2015, September 4, 2015, and November 13, 2015 (two orders), respectively. By order to show cause dated January 12, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders dated September 4, 2015, and November 13, 2015, on the ground that no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]) and/or dismissing the appeals from the orders dated September 3, 2015, and September 4, 2015, as well as the order dated November 13, 2015, that denied the motion to dismiss the petition, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and leave to appeal has not been granted.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see Family Ct Act §§ 439[e], 1112).

DILLON, J.P., CHAMBERS, DICKERSON and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court