Matter of Leva v Sokol
Motion No: 2023-05226
Slip Opinion No: 2023 NY Slip Op 69934(U)
Decided on July 10, 2023
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

M289796

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2023-05226, 2023-05228, 2023-05230

In the Matter of Andrea Leva, respondent,

v Barry Sokol, appellant.

(Docket Nos. O-3982-2022, V-0327-2023/23A)

DECISION & ORDER ON MOTION

Appeals from an order of adjournment in contemplation of dismissal, a final order of custody and visitation, and a temporary order of protection of the Family Court, Dutchess County, all dated April 28, 2023.

On the Court's own motion, it is

ORDERED that the appeals from the order of adjournment in contemplation of dismissal and the final order of custody and visitation are dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that the appeal from the temporary order of protection 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 8 (see Family Ct Act § 1112), and leave to appeal has not been granted.

IANNACCI, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court