Opinion
December 18, 1961
In a proceeding under the Domestic Relations Court Act of the City of New York, to compel the support of a wife, the husband appeals from an order of the Family Court Division, Domestic Relations Court of the City of New York, Kings County, made March 14, 1961, denying his motion: (1) to vacate and set aside a warrant of arrest theretofore issued against him; (2) to dismiss the petition; and (3) for other sundry relief. On the call of the calendar in this court, the Corporation Counsel made an oral motion to dismiss the appeal. Appeal dismissed, without costs. This appeal must be dismissed because the order which the husband seeks to review is not included in the record; and because, in any event, from his description of the order, it is not a final order and no appeal lies therefrom (see N.Y. City Dom. Rel. Ct. Act, § 58). Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.