| MATTER OF VALORIE J. SMITH V MICHAEL SMITH |
| Motion No: CAF 16-01779 |
| Slip Opinion No: 2016 NY Slip Op 90293(U) |
| Decided on October 25, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., CENTRA, CARNI, DEJOSEPH, AND SCUDDER, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-01779
DOCKET NO. F-03314-13-15E
| MATTER OF VALORIE J. SMITH, PETITIONER-RESPONDENT, V MICHAEL
SMITH, RESPONDENT-APPELLANT. |
Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on October 6, 2015,
Now, upon reading and filing the affidavit of Michael Smith, sworn to September 29, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act 1112 [a]).
Entered: October 25, 2016
FRANCES E. CAFARELL, Clerk