Matter of David v LoPresti
Motion No: 2018-10204
Slip Opinion No: 2018 NY Slip Op 83818(U)
Decided on September 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

M255455

E/mm

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-10204, 2018-10205,

2018-10206, 2018-10207

In the Matter of Julia David, appellant,

v Philip LoPresti, respondent.

(Proceeding No. 1)

In the Matter of Philip LoPresti, respondent,

v Julia David, appellant.

(Proceeding No. 2)

(Docket Nos. V-8338-18/18A, V-8338-18/18B,

V-10104-18/18A)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from four orders of the Family Court, Queens County, dated June 25, 2018, June 27, 2018, and July 24, 2018 (two orders), respectively, to stay enforcement of the order dated July 24, 2018, under Appellate Division Docket No. 2018-10206, which denied her request to relocate with the subject child and transferred custody of the subject child, pending hearing and determination of the appeals.

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 appeals from the orders dated June 25, 2018, and June 27, 2018, are dismissed, without costs or disbursements, as no appeals lie as of right from nondispositional orders in proceedings 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 on the Court's own motion, the appeal from the order dated July 24, 2018, under Appellate Division Docket No. 2018-10207, is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., SGROI, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court