• Jan 11 2013 (Date Decided)
  • Balkin, J.P.; Hall, Austin and Cohen, JJ.

MATTER OF STEVEN R. (ANONYMOUS), res, v. VIVIAN M. (ANONYMOUS), ap — Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated November 29, 2012, as well as all proceedings in the above-entitled matter, pending hearing and determination of an appeal from the order.

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 is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 5 (see Family Ct Act §1112), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., HALL, AUSTIN and COHEN, JJ., concur.