Matter of Rhee-Karn v Karn

Matter of Matter of Rhee-Karn v Karn 2012 NY Slip Op 02045 Decided on March 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2012
Andrias, J.P., Sweeny, Moskowitz, Freedman, Manzanet-Daniels, JJ. 7125- 7126-
7127

[*1]In re Margaret Rhee-Karn, Petitioner-Appellant,

v

Kenneth P. Karn, Respondent-Respondent.




Law Offices of David Scott, New York (Paul Biedka of
counsel), for appellant.
Cheryl S. Solomon, Brooklyn, for respondent.
Rosemary Rivieccio, New York, attorney for the child.

Appeal from order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about August 19, 2011, which, inter alia, temporarily modified a shared parental access schedule, reducing petitioner mother's time with the child pending completion of a full hearing, unanimously dismissed, without costs, as taken from a nonappealable paper.

Although the Family Court was unable to complete the hearing concerning access to the child due to scheduling constraints, upon issuing the order, the Referee emphasized that it was only temporary and indicated that no final determination of custody or visitation would be made until the full hearing had been completed. Accordingly, the order is not appealable as of right (see CPLR 5701[a][1], [2]), and neither the Family Court nor this Court has granted petitioner permission to appeal (see CPLR 5701[c]; Sholes v Meagher, 100 NY2d 333 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK