| Matter of Jaimes v Gyerko |
| Motion No: 2017-06898 |
| Slip Opinion No: 2017 NY Slip Op 83577(U) |
| Decided on August 22, 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. |
Appellate Division: Second Judicial Department
M236476
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
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2017-06898 In the Matter of Eric Jaimes, appellant, v Magdalena Gyerko, respondent. (Docket Nos. V-3287-17/17D, V-3287-17/17E, V-3286-17/17D, V-3286-17/17E)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the respondent from relocating with the subject children to Connecticut, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 23, 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, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3 (see Family Ct Act § 1112), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court