Matter of Baptiste v Wyche
Motion No: 2024-11774
Slip Opinion No: 2025 NY Slip Op 60431(U)
Decided on January 10, 2025
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

M301967

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

JAMES P. MCCORMACK, JJ.

2024-11774, 2024-11775

In the Matter of Alicia Baptiste, respondent,

v David Wyche, appellant.

(Docket Nos. V-7646-2024, F-7635-2024)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Nassau County, dated October 10, 2024, and October 30, 2024, respectively. Motion by the appellant, inter alia, to stay enforcement of the order dated October 30, 2024.

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

ORDERED that on the Court's own motion, the appeal from the order dated October 10, 2024, 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 on the Court's own motion, the appeal from the order dated October 30, 2024, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]); and it is further,

ORDERED that the motion is denied as academic.

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court