New York Supreme Court Appellate Division, First Department
October 18, 2012
IN RE LYDIA D., PETITIONER-RESPONDENT, --
THOMAS B., RESPONDENT-APPELLANT.
Matter of Matter of Lydia D. v Thomas B.
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 October 18, 2012
Friedman, J.P., Moskowitz, Freedman, Richter, Abdus-Salaam, JJ.
Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about October 6, 2011, which referred respondent's motion to vacate three prior orders in this child support proceeding to the Judicial Hearing Officer that decided those orders, unanimously dismissed, without costs, as taken from a non-appealable paper.
The order appealed from is not an order of disposition and, therefore, is not appealable as of right (see Family Ct Act § 1112[a]). Since leave to appeal has not been granted, the appeal is dismissed (see Forbes v Rivera, 98 AD2d 640 [1st Dept 1983]).
Were we not dismissing the appeal, we would affirm. The order simply referred the motion to the Judicial Hearing Officer who previously reported on the matter and to whom respondent was to make the motion to vacate in the first instance (see CPLR 2217[a]; 2221[a]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 18, 2012
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