Opinion
06-06-2017
In re ROSA M., Petitioner–Appellant, v. FRANCISCO P., Respondent–Respondent.
Law Office of Thomas R. Villecco P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Larry S. Bachner, Jamaica, attorney for the child.
Law Office of Thomas R. Villecco P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Larry S. Bachner, Jamaica, attorney for the child.
Appeal from order, Family Court, New York County (Gail A. Adams, Referee), entered on or about February 8, 2016, which, to the extent appealed from as limited by the briefs, modified a visitation order to provide for overnight visitation with the parties' child every Wednesday until April 14, 2016, unanimously dismissed, without costs.
The temporary visitation order is not an order of disposition and thus not appealable as of right (see Family Ct. Act § 1112[a] ; Matter of Holtzman v. Holtzman, 47 A.D.2d 620, 364 N.Y.S.2d 528 [1st Dept.1975] ), and we decline to review it (see id. ). Moreover, the appeal is moot, as the temporary order has already expired (see Matter of Sasha B. [Erica B.], 73 A.D.3d 587, 587, 905 N.Y.S.2d 563 [1st Dept.2010], appeal dismissed 16 N.Y.3d 755, 919 N.Y.S.2d 109, 944 N.E.2d 644 [2011] ).
RENWICK, J.P., RICHTER, FEINMAN, GISCHE, KAHN, JJ., concur.