Appellate Division: Second Judicial Department

M213394

E/ct

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-03996, 2016-04002 John Hogan, respondent, v Providence Hogan, appellant. (Index No. 53153/12)

DECISION & ORDER ON MOTION

Appeals by Providence Hogan from two orders of the Supreme Court, Kings County, both dated March 24, 2016. By order to show cause dated May 13, 2016, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the custody and visitation order, under Appellate Division Docket No. 2016-03996, in the above-entitled action, on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice (see CPLR 5701) and leave to appeal had 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 appeal from the custody and visitation order, under Appellate Division Docket No. 2016-03996, in the above-entitled action, is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5701).

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court