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In Re Margaret Rhee-Karn, Petitioner-Appellant v. Kenneth P. Karn

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 20, 2012

IN RE MARGARET RHEE-KARN, PETITIONER-APPELLANT,
v.
KENNETH P. KARN, RESPONDENT-RESPONDENT.

Appeal from order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about August 19, 2011, which, inter alia, temporarily modified a shared parental access schedule, reducing petitioner mother's time with the child pending completion of a full hearing, unanimously dismissed, without costs, as taken from a non-appealable paper.

Matter of Matter of Rhee-Karn v Karn

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2012

Andrias, J.P., Sweeny, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Although the Family Court was unable to complete the hearing concerning access to the child due to scheduling constraints, upon issuing the order, the Referee emphasized that it was only temporary and indicated that no final determination of custody or visitation would be made until the full hearing had been completed. Accordingly, the order is not appealable as of right (see CPLR 5701[a][1], [2]), and neither the Family Court nor this Court has granted petitioner permission to appeal (see CPLR 5701[c]; Sholes v Meagher, 100 NY2d 333 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK

20120320

© 1992-2012 VersusLaw Inc.



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