Matter of Rutkowski v Vautrain
Motion No: 2022-01346
Slip Opinion No: 2022 NY Slip Op 67938(U)
Decided on June 24, 2022
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

M283579

MB/

FRANCESCA E. CONNOLLY, J.P.

SHERI S. ROMAN

WILLIAM G. FORD

LILLIAN WAN, JJ.

2022-01346

In the Matter of Daniel Rutkowski, respondent,

v Gabrielle Vautrain, appellant.

(Docket No. V-02859-2021/2021A)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Queens County, dated February 8, 2022.

Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 6, part 3 (see Family Ct Act § 1112), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

CONNOLLY, J.P., ROMAN, FORD and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court