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MATTER OF LYDIA D. v. THOMAS B.

8338.

99 A.D.3d 586 (2012)

951 N.Y.S.2d 879

2012 NY Slip Op 7042

In the Matter of LYDIA D., Respondent, v. THOMAS B., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

October 18, 2012.

The order appealed from is not an order of disposition and, therefore, is not appealable as of right (see Family Ct Act § 1112 [a]). Since leave to appeal has not been granted, the appeal is dismissed (see Forbes v Rivera, 98 A.D.2d 640 [1st Dept 1983]).

Were we not dismissing the appeal, we would affirm. The order simply referred the motion to the Judicial Hearing Officer who previously reported on the matter...

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