From Casetext: Smarter Legal Research

Matter of Morhaim v. Morhaim

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1978
63 A.D.2d 702 (N.Y. App. Div. 1978)

Opinion

May 15, 1978


In a support proceeding pursuant to article 4 of the Family Court Act, the appeal is from an order of the Family Court, Queens County, dated December 15, 1977, which denied appellant's motion for a protective order. Appeal dismissed, without costs or disbursements. Section 1112 FCT of the Family Court Act provides that an appeal "may be taken as of right from any order of disposition and, in the discretion of the appropriate appellate division, from any other order under" the Family Court Act (see Matter of Taylor v Taylor, 23 A.D.2d 747). An order denying a motion for a protective order is not an order of disposition within the meaning of that section (see Bohen v Auerbach, 51 A.D.2d 542) and, accordingly, this appeal does not lie as of right. As no application for permission to appeal has been made, the appeal is not properly before this court (see Firestone v Firestone, 44 A.D.2d 671). Titone, J.P., Rabin, Gulotta and Hawkins, JJ., concur.


Summaries of

Matter of Morhaim v. Morhaim

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1978
63 A.D.2d 702 (N.Y. App. Div. 1978)
Case details for

Matter of Morhaim v. Morhaim

Case Details

Full title:In the Matter of SARA MORHAIM, Respondent, v. ISAAC MORHAIM, Appellant

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

Date published: May 15, 1978

Citations

63 A.D.2d 702 (N.Y. App. Div. 1978)