| Matter of Quevedo v Overholster |
| Motion No: 2019-10311 |
| Slip Opinion No: 2019 NY Slip Op 81306(U) |
| Decided on October 9, 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
M266526
E/mb
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
ANGELA G. IANNACCI, JJ.
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2019-10311, 2019-10314 In the Matter of Celina R. Quevedo, appellant, v Merry Overholster, respondent. (Docket Nos. V-17267-19, O-13106-19)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Queens County, dated August 27, 2019, and August 28, 2019, respectively, inter alia, to stay enforcement of the order dated August 28, 2019, and to reinstate certain orders of protection, pending hearing and determination of appeals from the orders, and for a preference in the calendaring of the appeals.
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 from the order dated August 27, 2019, 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; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal from the order dated August 27, 2019, is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court