Opinion
2002-02591
Argued January 21, 2003.
February 13, 2003.
In a child visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Rockland County (Garvey, J.), dated February 11, 2002, which directed him to submit to a mental health evaluation by a board certified psychiatrist.
DePodwin Murphy, Nanuet, N.Y. (Phillip J. Murphy of counsel), for appellant.
Linda Christopher, P.C., Upper Nyack, N.Y., for respondent.
Christopher Widholm, New City, N.Y., Law Guardian for the child.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
An appeal may be taken as of right from any order of disposition (see Family Court Act § 1112[a]). The order directing the father to submit to a mental health examination is not an order of disposition (see Dillard v. Dillard, 48 A.D.2d 666) and, consequently, it is not appealable as of right. Since leave to appeal has not been granted, the appeal must be dismissed.
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.