Appellate Division: Second Judicial Department

M292423

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-05845 In the Matter of Jin L. Zheng, respondent, v Heng S. Tea, appellant. (Docket No. V-14477-2021)

DECISION & ORDER ON MOTION

Appeal by Eddie German from an order of the Family Court, Queens County, dated May 24, 2023. By order to show cause dated July 14, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the grounds 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 the appellant is not aggrieved by the order (see CPLR 5511). Application by the respondent Heng S. Tea, in effect, to deem the notice of appeal to reflect that the respondent Heng S. Tea is the appealing party and to extend the time to file a motion for leave to appeal to this Court from the order of the Family Court, Queens County, dated May 24, 2023.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the application which is, in effect, to deem the notice of appeal to reflect that the respondent Heng S. Tea is the appealing party is granted, and the notice of appeal is deemed to reflect that respondent Heng S. Tea is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that Eddie German is not aggrieved by the order is denied as academic; and it is further,

ORDERED the branch of the motion which is to dismiss the appeal 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, and leave to appeal has not been granted, is granted, and the appeal is dismissed, without costs and disbursements (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the application which is to extend the time to serve and file a motion for leave to appeal to this Court from the order of the Family Court, Queens County, dated May 24, 2023, is denied (see CPLR 5514[c]).

BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court