Matter of Kneip v McWilliams
2010 NY Slip Op 02149 [71 AD3d 895]
March 16, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


In the Matter of Robert S. Kneip, Appellant,
v
Elizabeth McWilliams, Respondent.

[*1] George E. Reed, Jr., White Plains, N.Y., for appellant.

Gary E. Eisenberg, New City, N.Y., attorney for the child.

In a child custody proceeding pursuant to Family Court article 6 in which the father petitioned for a writ of habeas corpus, the father appeals, as limited by his brief, from stated portions of an order of the Family Court, Westchester County (Duffy, J.), entered April 3, 2009.

Ordered that the appeal is dismissed, without costs or disbursements.

The father concedes that his petition for a writ of habeas corpus was properly dismissed. On appeal, the father only challenges the Family Court's findings of fact and conclusions of law. Thus, the appeal must be dismissed, as findings of fact and conclusions of law are not separately appealable (see Lester & Assoc., P.C. v Eneman, 69 AD3d 906 [2010]; Meachum v Outdoor World Corp., 273 AD2d 208 [2000]). Skelos, J.P., Santucci, Angiolillo and Chambers, JJ., concur.