Matter of Guercio v Edwards
Motion No: 2018-02469
Slip Opinion No: 2018 NY Slip Op 68305(U)
Decided on March 29, 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

M248132

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-02469

In the Matter of Eileen Guercio, respondent,

v William F. Edwards, appellant.

(Docket No. F-295-11/12E)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a certain sale of assets pending hearing and determination of an appeal from an order of the Family Court, Richmond County, dated January 29, 2018.

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 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 no appeal lies from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is denied as academic.

LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court