Appellate Division: Second Judicial Department

M293630

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-02572 In the Matter of Rai'May (Anonymous). Shelia D. (Anonymous), etc., petitioner-respondent; Egbert A. B. (Anonymous), etc., respondent-appellan Mirva P. (Anonymous), etc., respondent-respondent. (Docket No. A-17431-2016)

DECISION & ORDER ON MOTION t,

Appeal from an order of the Family Court, Kings County, dated February 15, 2023.

By order to show cause dated March 24, 2023, the parties were directed to show cause before this Court why the appeal in the above-entitled proceeding should or should not be dismissed 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 2 (see Family Ct Act § 1112), and leave to appeal has not been granted. Motion by the petitioner-respondent, inter alia, for a preference in the calendaring of the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion, inter alia, for a preference in the calendaring of the appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted without prejudice to timely filing a motion for leave to appeal to this Court from the order (see Family Ct Act § 1113; CPLR 5513, 5514[a]); and it is further,

ORDERED that the motion for a preference in the calendaring of the appeal is denied as academic.

DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court