Matter of Tabachnikova v Berliasnshik
Motion No: 2022-05465
Slip Opinion No: 2022 NY Slip Op 74381(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

M285908

KS/jr

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-05465

In the Matter of Martha Tabachnikova, appellant,

v Malkiel Berlianshik, respondent.

(Index No. O-2466-22)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated July 1, 2022, which was dismissed in a decision and order on motion of this Court dated July 25, 2022, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 8 (see Family Ct Act § 1112), and leave to appeal had not been granted. Motion by the appellant, inter alia, to vacate the decision and order on motion of this Court dated July 25, 2022, or, in effect, in the alternative, for leave to appeal from the order, and for an extension of time to perfect the appeal.

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

ORDERED that the branches of the motion which are to vacate the decision and order on motion of this Court dated July 25, 2022, or, in effect, in the alternative, for leave to appeal from the order are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

IANNACCI, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court