Opinion
May 15, 1967
Motion by respondent to dismiss appeal from order of the Family Court, Westchester County, dated January 19, 1967, which (1) denied appellant's motion to dismiss the proceeding and (2) directed a hearing to be held. The grounds of the motion are that the order is not one of disposition and that appellant has not sought leave to appeal from said order pursuant to section 1012 FCT of the Family Court Act. Motion granted; appeal dismissed, without costs ( Matter of Taylor v. Taylor, 23 A.D.2d 747; Matter of Hillman v. Minicozzi, 25 A.D.2d 866). Cross application by appellant for leave to appeal from said order denied. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Nolan, JJ., concur.