Matter of Walsh v Russell
Motion No: 2019-01509
Slip Opinion No: 2019 NY Slip Op 69818(U)
Decided on May 8, 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

M262589

E/mm

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-01509

In the Matter of Tara Walsh, respondent,

v Stephen G. Russell, appellant.

(Docket No. V-7641-18)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated March 1, 2019, which dismissed an appeal from an order of the Family Court, Westchester County, dated January 9, 2019, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3 and leave to appeal has not been granted.

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 the motion is denied.

LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court