Matter of Franchi v Adoram
Motion No: 2017-11706
Slip Opinion No: 2018 NY Slip Op 61762(U)
Decided on January 19, 2018
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

M244925

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-11706

In the Matter of Margaret Franchi, petitioner-

respondent, v Israel Adoram, appellant, et al.,

respondent.

(Docket No. V-3119-16)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to deem the notice of appeal from an order of the Family Court, Kings County, dated February 4, 2016, to be an application pursuant to CPLR 5704 to review the order, and upon review, to vacate the order.

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

ORDERED that the motion is denied; and it is further,

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 that is issued ex parte (see Family Ct. Act § 1112, CPLR 5704).

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

ENTER:

Aprilanne Agostino

Clerk of the Court