Appellate Division: Second Judicial Department

M254799

E/mm

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-09881 In the Matter of Glen A. Suarez, respondent, v Paula Eve Suarez, appellant. (Docket Nos. V-5235-17/17A, V-5236-17/17A)

DECISION & ORDER ON MOTION

Motion by Paula Eve Suarez for leave to appeal to this Court from an order of the Family Court, Suffolk County, dated July 16, 2018, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved from so much of the order as denied the contempt portions of the respondent's petition (see CPLR 5513) and no appeal lies as of right from the remainder of the order as it is nondispositional in a proceeding pursuant to Family Court Act article 6, part 3 (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is otherwise denied as academic.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court