Appellate Division: Second Judicial Department

M246201

E/rr

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-11737, 2017-11742 In the Matter of Alexandra Detore, respondent, v Brian Detore, appellant. (Docket No. F-10771-08/16M)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Family Court, Suffolk County, both dated October 6, 2017, pending hearing and determination of appeals therefrom. By order to show cause dated December 18, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the grounds that no appeal lies from an order of a support magistrate making a finding of willful violation of a support order and 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]), and the motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see Family Ct Act § 439[a]; Matter of Goulding v Goulding, ___ AD3d ___ [2d Dept Dec. 6, 2017]); and it is further,

ORDERED that the appellant's motion is denied as academic.

CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court