| Matter of Mary L.R. v Vernon B. |
| 2008 NY Slip Op 00816 [48 AD3d 1088] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| In the Matter of Mary L.R., Respondent, v Vernon B.,Appellant. |
—[*1] David C. Schopp, Law Guardian, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D.Halvorsen of counsel), for Demetrius B., Donte B. and Verna B.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), enteredNovember 3, 2006 in a proceeding pursuant to Family Court Act article 6. The order, insofar asappealed from, directed that respondent have no visitation with the children while he isincarcerated.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Respondent father appeals, as limited by his notice of appeal and brief, fromthat part of an order directing, sua sponte, that he have no visitation with the children while he isincarcerated. "[N]o appeal lies as of right from an order [that] does not decide a motion made onnotice," and the father did not seek leave to appeal (Matter of Davis v Venditto, 45 AD3d 837, 838 [2007]; seeCPLR 5701 [a] [2]; [c]; Sholes v Meagher, 100 NY2d 333, 335 [2003]).Present—Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.