Matter of Manuel P.A. v. Emilie B.

Appellate Division of the Supreme Court of New York

Matter of Manuel P.A. v. Emilie B.

2017 NY Slip Op 568, 146 A.D.3d 697, 44 N.Y.S.3d 910

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 2017

Docket2897 2896

StatusPublished

This text of 2017 NY Slip Op 568 (Matter of Manuel P.A. v. Emilie B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Manuel P.A. v. Emilie B., 2017 NY Slip Op 568, 146 A.D.3d 697, 44 N.Y.S.3d 910 (N.Y. Ct. App. 2017).

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Opinion

Appeal from order, Family Court, New York County (Ad-etokunbo O. Fasanya, J.), entered on or about January 21, *698 2016, to the extent it awarded $33,701.50 of interim counsel fees to the respondent mother in the form of sanctions against the petitioner father, unanimously dismissed, without costs.

This appeal was improperly taken from a nondispositional Family Court order without leave of court (Family Ct Act § 1112; 22 NYCRR 600.3; CPLR 5512 [a]; Matter of Lutfee M., 157 AD2d 604 [1st Dept 1990], lv denied 75 NY2d 710 [1990]). The father has presented no excuse for his failure to move for leave to appeal apart from being a pro se litigant at the time of the filing; nor has he presented any showing why any such motion should be granted. Absent an explanation as to why he failed to follow the proper procedure or should be treated differently from any other litigant that falls within the general rule prohibiting an appeal from a nonfinal order in Family Court, the father’s appeal is dismissed.

Concur — Friedman, J.P., Richter, Saxe, Moskowitz and Kapnick, JJ.

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Appeal from order, Family Court, New York County (Ad-etokunbo O. Fasanya, J.), entered on or about January 21, *698 2016, to the extent it awarded $33,701.50 of interim counsel fees to the respondent mother in the form of sanctions against the petitioner father, unanimously dismissed, without costs.

This appeal was improperly taken from a nondispositional Family Court order without leave of court (Family Ct Act § 1112; 22 NYCRR 600.3; CPLR 5512 [a]; Matter of Lutfee M., 157 AD2d 604 [1st Dept 1990], lv denied 75 NY2d 710 [1990]). The father has presented no excuse for his failure to move for leave to appeal apart from being a pro se litigant at the time of the filing; nor has he presented any showing why any such motion should be granted. Absent an explanation as to why he failed to follow the proper procedure or should be treated differently from any other litigant that falls within the general rule prohibiting an appeal from a nonfinal order in Family Court, the father’s appeal is dismissed.

Concur — Friedman, J.P., Richter, Saxe, Moskowitz and Kapnick, JJ.

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Bluebook (online)

2017 NY Slip Op 568, 146 A.D.3d 697, 44 N.Y.S.3d 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-manuel-pa-v-emilie-b-nyappdiv-2017.

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