Opinion
April 15, 1999
Appeal from the Family Court of Broome County (Ray, J.).
Petitioner filed four petitions alleging violations of prior orders of custody and visitation and seeking modification of a prior custody order. Pursuant to a stipulation between the parties, Family Court issued a temporary order modifying petitioner's visitation with his children. Petitioner appealed from this order.
Family Court's order modifying petitioner's visitation was not a final order as it was made pending a hearing on all petitions then before the court, and such order is not appealable as of right ( see, Matter of Bridges v. Hertica, 234 A.D.2d 862, 864; Matter of Harley v. Harley, 129 A.D.2d 843, 844). Inasmuch as petitioner did not seek permission to appeal, the matter is not properly before this Court ( see, id.). Furthermore, given the procedural posture of this case, we decline to treat petitioner's notice of appeal as a request for permission to appeal.
Cardona, P. J., Yesawich Jr., Spain and Carpinello, JJ., concur.
Ordered that the appeal is dismissed, without costs.