Matter of Clark v Weinlein
Motion No: 2024-01437
Slip Opinion No: 2024 NY Slip Op 65757(U)
Decided on April 12, 2024
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

M295678

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2024-01437

In the Matter of Brittany N. Clark, respondent,

v Jesse Weinlein, appellant.

(Docket Nos. V-5852-2020, V5030-2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Queens County, dated January 10, 2024. Motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation 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 proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act § 1112), and we decline to grant leave to appeal; and it is further,

ORDERED that the motions are denied as academic.

CONNOLLY, J.P., CHRISTOPHER, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court