Matter of Rivera-Caballero v Averitt
Motion No: 2018-11167
Slip Opinion No: 2018 NY Slip Op 85777(U)
Decided on October 11, 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

M256074

E/mm

MARK C. DILLON, J.P.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-11167

In the Matter of Marta Rivera-Caballero,

respondent, v Kenneth Averitt, appellant.

(Docket No. O-3630-18)

DECISION & ORDER ON MOTION

Appeal by Kenneth Averitt from an order of the Family Court, Nassau County, dated August 15, 2018.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 8 (see Family Ct Act § 1112), and leave to appeal has not been granted.

DILLON, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court