Matter of Bethea v Archbold
Motion No: 2019-11224
Slip Opinion No: 2020 NY Slip Op 61255(U)
Decided on January 22, 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

M268996

kbp/

JOHN M. LEVENTHAL, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2019-11224

In the Matter of Jacqueline Channel Bethea,

respondent, v Kenneth Allen Archbold, appellant.

(Docket No. U-16051-18)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated August 16, 2019, inter alia, to stay enforcement of his obligation to pay child support pending hearing and determination of the appeal. Separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion, inter alia, for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, for leave to prosecute the appeal as a poor person 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, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 5-B (see Family Ct Act § 1112), and leave to appeal has not been granted; and it is further,

ORDERED that the appellant's motions are denied as academic.

LEVENTHAL, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court