Matter of Dutchess County Department of Community & Family Services v
Motion No: 2019-04260
Slip Opinion No: 2020 NY Slip Op 60062(U)
Decided on January 2, 2020
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

M268583

kbp/

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2019-04260

In the Matter of Dutchess County Department

of Community & Family Services, etc., respondent,

v Percival E. Bailey, Jr., appellant.

(Docket Nos. F-5038-12, F-5038-12/18F & G)

DECISION & ORDER ON MOTION

Appeal by Percival E. Bailey, Jr., from an order of the Family Court, Dutchess County, dated March 12, 2019. By order to show cause dated October 29, 2019, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court.

Now, upon the order to show cause and the papers filed in response thereto, it is

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

BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court