Appellate Division: Second Judicial Department

M222176

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-08556, 2016-08558 In the Matter of Estrella M. Llama, respondent, v Ernest X. Gorriti, appellant. (Docket Nos. U-14980-07/15AD, U-14980-07/15AE U-14980-07/15AF)

DECISION & ORDER ON MOTION ,

Appeals by Ernest X. Gorriti from two orders of the Family Court, Kings County, both dated June 28, 2016. By order to show cause dated October 13, 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 in the above-entitled proceedings for failure to comply with a scheduling order dated August 28, 2016, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals for failure to comply with the scheduling order dated August 28, 2016, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, as no appeal lies from orders of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]).

AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court