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MATTER OF MARY L.R. v. VERNON B.

48 A.D.3d 1088 (2008)

849 N.Y.S.2d 816

In the Matter of MARY L.R., Respondent, v. VERNON B., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 1, 2008.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum:

Respondent father appeals, as limited by his notice of appeal and brief, from that part of an order directing, sua sponte, that he have no visitation with the children while he is incarcerated. "[N]o appeal lies as of right from an order [that] does not decide a motion made on notice," and the father did not seek leave to appeal (Matter of Davis v Venditto,

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