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.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law