Matter of Thorne v Thorne
Motion No: 2017-02045
Slip Opinion No: 2017 NY Slip Op 69901(U)
Decided on April 7, 2017
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

M229068

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-02045

In the Matter of Mayumi Uono Thorne, respondent,

v Eric Thorne, appellant.

(Docket No. F-10185-16/16B)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, dated February 7, 2017, as well as an amended income withholding order dated February 28, 2017, pending hearing and determination of an appeal from the order dated February 7, 2017.

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

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, 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 it is further,

ORDERED that the motion is denied as academic.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court