IN RE: KURELL B. (2025)

Appeal from order, Family Court, Bronx County (Janette Cortes–Gomez, J.), entered on or about February 1, 2024, which granted respondent mother's application to dismiss the father's violation-enforcement petition based upon a lack of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, unanimously dismissed, without costs, as taken from a nonappealable order.

The order dismissing the petition is not appealable as of right because it did not decide a motion made on notice (see CPLR 5701[a][2][v];  Sholes v. Meagher, 100 N.Y.2d 333, 335, 763 N.Y.S.2d 522, 794 N.E.2d 664 [2003]).  The proper procedure for seeking review of such an order is to first move to vacate the order, and then take an appeal as of right in accordance with CPLR 5701(a)(3) from the subsequent order, based on the record developed on the motion (see Sholes, 100 N.Y.2d at 335, 763 N.Y.S.2d 522, 794 N.E.2d 664;  Board of Educ. of the City Sch. Dist. of the City of N.Y. v. Grullon, 117 A.D.3d 572, 573, 986 N.Y.S.2d 85 [1st Dept. 2014]).