Opinion
2021-01694 2021-01695
11-12-2021
In the Matter of Katherine T. Hanrahand, respondent, v. Francis Hanrahand, appellant. Docket No. F-03481-2018/2020B
CHERYL E. CHAMBERS, J.P. SYLVIA O. HINDS-RADIX ROBERT J. MILLER FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeals by Francis Hanrahand from an order of disposition of the Family Court, Dutchess County, dated November 16, 2020, and an order entry money judgment also dated November 16, 2020. By order to show cause dated October 6, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the grounds that no appeal lies from a determination by a support magistrate that a person is in willful violation of an order and no appeal lies from a determination by a support magistrate as to arrears before objections to the calculation of arrears have been reviewed by a Judge of the Family Court.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is deemed, in part, to be a notice of appeal from an order of the Family Court, Dutchess County, dated January 28, 2021 (see CPLR 5512[a]); and it is further, ORDERED that the branch of the motion which is to dismiss the appeal from the order of disposition is granted as to the portion of that order concerning arrears, without costs or disbursements (see Family Ct Act § 439[e]), and that branch of the motion is otherwise denied as academic as the appeal from so much of the order of disposition as made a finding of willfulness and recommended a period of incarceration has been deemed to be from the order dated January 28, 2021; the appeal from the order dated January 28, 2021, shall be prosecuted under Appellate Division Docket No. 2021-01694; and the only issues to be reviewed in connection with the appeal under Appellate Division Docket No. 2021-01694 are the issues that may be reviewed in connection with the order dated January 28, 2021; and it is further, ORDERED that the branch of the motion which is to dismiss the appeal from the order entry money judgment, under Appellate Division Docket No. 2021-01695, is granted and that appeal is dismissed, without costs or disbursements (see Family Ct Act § 439[e]); and it is further,
ORDERED that on or before December 13, 2021, the appellant shall upload through the digital portal on this Court's website a digital replacement copy of the appellant's brief which contains only Appellate Division Docket No. 2021-01694 on the cover and does not contain Appellate Division Docket No. 2021-01695.
CHAMBERS, J.P., HINDS-RADIX, MILLER and CONNOLLY, JJ., concur.