| Matter of Perdomo v Espinal |
| Motion No: 2022-07874 |
| Slip Opinion No: 2022 NY Slip Op 74610(U) |
| Decided on November 18, 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. |
Appellate Division: Second Judicial Department
M285991
AFA/
COLLEEN D. DUFFY, J.P.
REINALDO E. RIVERA
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2022-07874 In the Matter of Smirna S. Perdomo, respondent, v Erik R. Espinal, appellant. (Docket Nos. V-6974-2022/22A, V-6975-2022/22A)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Westchester County, dated September 21, 2022. Motion by the appellant to stay enforcement of stated portions of the order, 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.
DUFFY, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court