Appellate Division: Second Judicial Department

M285124

MB/

VALERIE BRATHWAITE NELSON, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2022-02054 In the Matter of Jennifer Ciocola, respondent, v Marc Ciociola, appellant. (Docket Nos. V-10730-2021, V-10731-2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Suffolk County, dated February 1, 2022, which was dismissed by decision and order on motion of this Court dated April 1, 2022, 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, and leave to appeal had not been granted. Motion by the appellant, inter alia, to recall and vacate the decision and order on motion of this Court dated April 1, 2022, for leave to appeal to this Court from the order dated February 1, 2022, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion of this Court dated April 1, 2022, and for leave to appeal to this Court from the order dated February 1, 2022, are denied, and the motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied as academic.

BRATHWAITE NELSON, J.P., IANNACCI, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court