Appellate Division: Second Judicial Department

M291827

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-05356 In the Matter of Susan Jelen, respondent, v Sean Jelen, appellant. (Docket No. O-2232-2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Richmond County, dated June 2, 2023.

Motion by the appellant to dismiss the above-entitled proceeding before the Family Court. Separate motion by the appellant to dismiss the above-entitled proceeding before the Family Court. Motion by the respondent to dismiss the appeal and the second motion by appellant on the ground that the motion was not properly served upon her. Separate motion by the appellant to dismiss the motion by the respondent for failure to properly serve the motion upon him.

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

ORDERED that the motions by the appellant to dismiss the above-entitled proceeding before the Family Court are denied; and it is further,

ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order issued ex parte (see CPLR 5701, 5704); and it is further,

ORDERED that the motions are otherwise denied as academic.

DILLON, J.P., MILLER, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court