| Matter of Sutherland v Sutherland |
| Motion No: 2018-15004 |
| Slip Opinion No: 2019 NY Slip Op 60881(U) |
| Decided on January 15, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M259194
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-15004 In the Matter of Leonard Sutherland, appellant, v Claudene Sutherland, respondent. (Docket No. V-13788-18)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated September 6, 2018, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court article 6, part 3 (see Family Ct Act § 1112), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court