Matter of Pena v Chadee
Motion No: 2017-09905
Slip Opinion No: 2017 NY Slip Op 96532(U)
Decided on December 26, 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

M243557

E/rr

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-09905

In the Matter of Carlos Pena, appellant,

v Sandy Chadee, respondent.

(Docket Nos. V-4142-11/15F#1,

V-4142-11/15E#1, V-4142-11/15H#1,

V-4142-11/15G#1, V-4142-11/13D#1,

V-4142-11/12B#1)

DECISION & ORDER ON MOTION

Appeal by Carlos Pena from an order of the Family Court, Richmond County, dated August 11, 2017. By order to show cause dated October 10, 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 as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3, and leave to appeal has not been granted. issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

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 Family Ct Act § 1112).

BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court