Appellate Division: Second Judicial Department

M230850

E/afa

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-02094 In the Matter of Francesca Anne Drucker, respondent v Joseph Anthony Galizia, appellant. (Docket No. F-10011-15/15A)

DECISION & ORDER ON MOTION ,

Appeal by Joseph Anthony Galizia from an order of the Family Court, Nassau County, dated December 14, 2016. By order to show cause dated March 24, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the grounds that (1) no appeal lies from an order entered upon the consent of the appealing party, (2) 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]), or (3) no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4 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 appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Family Ct Act §§ 439[e], 1112).

RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court