Matter of Barbara Gertzulin v Shlomo Gertzulin

Matter of Gertzulin v Gertzulin 2006 NY Slip Op 01801 [27 AD3d 562] March 14, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 17, 2006

In the Matter of Barbara Gertzulin, Respondent,
v
Shlomo Gertzulin, Appellant.

—[*1]In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Rockland County (Warren, J.), dated May 6, 2005, which dismissed his objections to a temporary order of support of the same court (Miklitsch, S.M.), dated April 6, 2005.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order, and leave to appeal has not been granted (see Family Ct Act § 439 [e]; § 1112 [a]).

The order appealed from dismissed the father's objections to a temporary order of support on the basis that such objections cannot be brought. As it is not an order of disposition, it is not appealable as of right (see Family Ct Act § 439 [e]; § 1112 [a]; Matter of Ciotti v Butera, 24 AD2d 983 [1965]; see Firestone v Firestone, 44 AD2d 671, 672 [1974]). Adams, J.P., Santucci, Fisher and Covello, JJ., concur.