Matter of Lee v Lee
Motion No: 2022-06420
Slip Opinion No: 2022 NY Slip Op 74370(U)
Decided on November 16, 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

M285907

KS/jr

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2022-06420

In the Matter of Sanica Lee, appellant,

v Leighton Lee, respondent.

(Proceeding No. 1)

In the Matter of Leighton Lee, respondent,

v Sanica Lee, appellant.

(Proceeding No. 2)

(Docket Nos. V-8286-2018/21G, V-8287-2018/21F,

V-3633-2021, V-3633-2021/22C, V-3633-2021/22A,

V-3634-2021, V-3634-2021/22C, V-3634-2021/22A,

V-4067-2022, V-4067-2022/22A, V-4067-2022/22C,

V-4068-2022, V-4068-2022/22A, V-4068-2022/22C,

V-4663-2022, V-4663-2022/22B, V-4665-2022, V-4

V-5064-2022, V-5064-2022/22A, V-5066-2022, V-5

V-8286-2018/22I, V-8287-2018/22I)

DECISION & ORDER ON MOTION














665-2022/22B,
066-2022/22A,

2022-06421

In the Matter of Sanica Lee, appellant,

v Leighton Lee, respondent.

(Proceeding No. 1)

In the Matter of Leighton Lee, respondent,

v Sanica Lee, appellant.

(Proceeding No. 2)

(Docket Nos. V-8286-2018/21G, V-8287-2018/21F,

V-3633-2021, V-3633-2021/22C, V-3633-2021/22A,

V-3634-2021, V-3634-2021/22C, V-3634-2021/22A,

V-4067-2022, V-4067-2022/22A, V-4067-2022/22C,

V-4068-2022, V-4068-2022/22A, V-4068-2022/22C,

V-4663-2022, V-4663-2022/22B, V-4665-2022, V-4665-2022/22B,

V-5064-2022, V-5064-2022/22A, V-5066-2022, V-5066-2022/22A,

V-8286-2018/22I, V-8287-2018/22I)

Appeals from two orders of the Family Court, Westchester County, dated July 26, 2022, and July 29, 2022, respectively, which were dismissed by decisions and orders on motion of this Court, both dated August 19, 2022, on the ground that no appeal lies as of right from nondispositional orders in proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act § 1112), and leave to appeal had not been granted. Motion by the appellant, inter alia, in effect, to vacate the decisions and orders on motion of this Court dated August 19, 2022, or, in the alternative, for leave to appeal from the orders, and to stay enforcement of the orders and all proceedings in the above-entitled proceedings, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are, in effect, to vacate the decisions and orders on motion of this Court dated August 19, 2022, or, in the alternative, for leave to appeal from the orders are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

Maria T. Fasulo

Clerk of the Court