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Novak v. Novak

110 A.D.3d 1079 Court N.Y. App. Div. Decision date 2013-10-30 English

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p. 1079
In the Matter of John Novak, Respondent, v Betsy Novak, Appellant.
[975 NYS2d 885]

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Westchester County (Schauer, J.), entered November 28, 2012, which vacated a temporary order of support entered October 18, 2012, directing the father to pay child support in the sum of $183 per week.

Ordered that the appeal is dismissed, with costs.

The order appealed from vacated a temporary order of support entered October 18, 2012, directing the father to pay child support in the sum of $183 per week. Since the order appealed from is not an order of disposition, it is not appealable as of right (see Family Ct Act § 1112 [a]; Matter of Gertzulin v Gertzulin, 27 AD3d 562 , 562 [2006]; Matter of Ciotti v Butera, 24 AD2d 983 [1965]), and we decline to grant leave to appeal. Skelos, J.P., Dickerson, Hall and Miller, JJ., concur.