Matter of McGibney v McGibney
Motion No: 2019-00763
Slip Opinion No: 2019 NY Slip Op 62062(U)
Decided on February 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259759

E/sl

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-00763, 2019-00766

In the Matter of Carole McGibney, respondent,

v James McGibney, appellant.

(Docket Nos. F-464-17, F-464-17/17A,

F-464-17/17D, F-464-17/18E, F-469-17/17A,

F-469-17/17B, F-469-17/17C, F-6883-17)

DECISION & ORDER ON MOTION

Appeals by James McGibney from a decision and an order of the Family Court, Nassau County, both dated December 13, 2018.

On the Court's own motion, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]).

SCHEINKMAN, P.J., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court