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Mary v. Vernon

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 2008
48 A.D.3d 1088 (N.Y. App. Div. 2008)

Opinion

No. CAF 06-03518.

February 1, 2008.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J), entered November 3, 2006 in a proceeding pursuant to Family Court Act article 6. The order, insofar as appealed from, directed that respondent have no visitation with the children while he is incarcerated.

CHARLES J. GREENBERG, BUFFALO, FOR RESPONDENT-APPELLANT.

DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR DEMETRIUS B., DONTE B. AND VERNA B.

Before: Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Respondent father appeals, as limited by his notice of appeal and brief, from that part of an order directing, sua sponte, that he have no visitation with the children while he is incarcerated. "[N]o appeal lies as of right from an order [that] does not decide a motion made on notice," and the father did not seek leave to appeal ( Matter of Davis v Venditto, 45 AD3d 837, 838; see CPLR 5701 [a] [2]; [c]; Sholes v Meagher, 100 NY2d 333, 335).


Summaries of

Mary v. Vernon

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 2008
48 A.D.3d 1088 (N.Y. App. Div. 2008)
Case details for

Mary v. Vernon

Case Details

Full title:In the Matter of MARY L.R., Respondent, v. VERNON B., Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 1, 2008

Citations

48 A.D.3d 1088 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 816
849 N.Y.S.2d 816

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