IN RE: Theresa BARTON (2004)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Theresa BARTON, appellant, v. John BARTON, respondent.

Decided: December 06, 2004

GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, and STEVEN W. FISHER, JJ.

Richard J. Cardinale, Brooklyn, N.Y., for appellant. Berke & Berke, New York, N.Y. (Jeffrey R. Berke of counsel), for respondent. Carol Sherman, Brooklyn, N.Y. (Janet Neustaetter and Barbara H. Dildine of counsel), Law Guardian for the children.

In related visitation proceedings pursuant to Family Court Act article 6, Theresa Barton appeals from an order of the Family Court, Kings County (Morgenstern, J.), dated October 9, 2003, which, inter alia, denied her petition to modify a prior order of the same court, among other things, awarding her temporary supervised visitation with the subject children.

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order of the Family Court (see Family Ct. Act § 1112[a] ), and leave has not been granted (see Matter of Blake v. Blake, 284 A.D.2d 455, 726 N.Y.S.2d 865).

The mother's contention that the Family Court improperly denied her various petitions for an order of protection pursuant to Family Court Act article 8 is not before us, as the order appealed from did not address those petitions.

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