Appellate Division: Second Judicial Department

M231834

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2016-12494 In the Matter of Loren Chase, respondent, v Randal B. Chase, appellant. (Docket Nos. F-16462-14/14A, F-7753-15/15A)

DECISION & ORDER ON MOTION

Appeal by Randal B. Chase from an order of the Family Court, Westchester County, dated October 5, 2016. By order to show cause dated February 23, 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 proceedings for failure to comply with a scheduling order dated December 20, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). By order to show cause dated May 3, 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 proceedings 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.

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

ORDERED that the motion to dismiss the appeal 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 is granted, and the appeal is dismissed, without costs or disbursements (see Family Ct Act § 439[e]); and it is further,

ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated December 20, 2016, is denied as academic.

DILLON, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court