Appellate Division: Second Judicial Department

M279882

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2021-04668 In the Matter of Ahmand T. (Anonymous), appellant. (Docket No. D-03744-2020)

DECISION & ORDER ON MOTION

Appeal by Ahmand T. from an order of the Family Court, Nassau County, dated May 21, 2021. By order to show cause dated August 23, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 7, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

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

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 3, part 3 (see Family Ct Act § 365.1), and leave to appeal has not been granted; and it is further,

ORDERED that the order to show cause to dismiss for failure to comply with the scheduling order is denied as academic.

DILLON, J.P., BARROS, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court