Matter of Fisher v Foster
Motion No: 2018-12682
Slip Opinion No: 2018 NY Slip Op 90781(U)
Decided on December 13, 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

M258220

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-12682

In the Matter of Tyree Fisher, respondent,

v Tabatha Foster, appellant.

(Docket Nos. V-17467-18/18B, V-17465-18/18B,

V-17465-18/18A, V-17466-18/18B, V-17466-18/18A

V-17467-18/18A)

DECISION & ORDER ON MOTION





,

Appeal by Tabatha Foster from an order of the Family Court, Kings County, dated September 18, 2018. By order to show cause dated November 2, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3, and leave to appeal had not been granted.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Family Ct Act § 1112).

BALKIN, J.P., AUSTIN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court