Majority
p. 688In the Matter of Melissa S., Petitioner, v Frederick T., Respondent. Mitch Kessler, Nonparty Appellant. Submitted June 21, 2004; decided September 7, 2004
Motion for leave to appeal dismissed upon the ground that appellant, having taken no appeal to the Appellate Division, may not appeal to the Court of Appeals from the Appellate Division order of affirmance (see Burrows v Burrows, 97 NY2d 695 [2002]; Dellavalle v Howell Co., 93 NY2d 953 [1999]).