Zimmer v. Peno

Full title: In the Matter of JOAN P. ZIMMER, Appellant, v. FORREST J. PENO, Respondent

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

Date published: Jun 17, 1993

194 A.D.2d 928 (N.Y. App. Div. 1993)

598 N.Y.S.2d 1013

Opinion

June 17, 1993

Appeal from the Family Court of Warren County (Austin, J.).

Mercure, J.

The order sought to be reviewed on this appeal, inter alia, denied petitioner's request to withdraw her petition, awarded respondent custody of the parties' child "without prejudice to the rights of petitioner to have a full hearing herein" and transferred the proceeding to the Family Court of Saratoga County. As such, it is not a final order appealable to this Court as of right (see, Family Ct Act § 1112; Matter of Harley v Harley, 129 A.D.2d 843, 844; Matter of Young v. Morse, 92 A.D.2d 706) and, because petitioner did not seek permission to appeal, the matter is not properly before us (see, Matter of Harley v Harley, supra). In the procedural posture of this case, we decline to treat the notice of appeal as a request for permission to appeal. Even if this appeal were properly before us, we would affirm the order of Family Court, which is amply supported by the record.

Weiss, P.J., Levine and Mahoney, JJ., concur. Ordered that the appeal is dismissed, without costs.