IN THE MATTER OF VALORIE J. SMITH V MICHAEL C. SMITH
Motion No: CAF 24-00537
Slip Opinion No: 2025 NY Slip Op 61059(U)
Decided on January 13, 2025
Appellate Division, Fourth 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.


January 13, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CAF 24-00537
Docket No: F-03314-13

IN THE MATTER OF VALORIE J. SMITH, PETITIONER-RESPONDENT,

V

MICHAEL C. SMITH, RESPONDENT-APPELLANT.


An appeal having been taken herein from an order of the Family Court, Niagara County, entered March 11, 2024, and respondent-appellant having moved for permission to proceed with a certified record and to supplement the record,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]; Matter of Cote, 127 AD2d 1011, 1011 [4th Dept 1987]), and

It is further ORDERED that the motions are dismissed.

Entered: January 13, 2025

Ann Dillon Flynn

Clerk of the Court