Matter of Diplan v. Diplan

37 A.D.3d 828

829 N.Y.S.2d 909

2007 NY Slip Op 01735

In the Matter of JOSE E. DIPLAN, Appellant, v. MORENA E. DIPLAN, Respondent. (Proceeding No. 1.)

In the Matter of MORENA E. DIPLAN, Respondent, v. JOSE E. DIPLAN Appellant. (Proceeding No. 2.)

2006-01837.

2006-01838.

2006-01839.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 27, 2007.

In related proceedings pursuant to Family Court Act articles 6 and 8, the father appeals from (1) a decision of the Family Court, Suffolk County (Lynaugh, J.), dated January 23, 2006, (2) an order of the same court also dated January 23, 2006, which, after a fact-finding hearing, inter alia, awarded sole custody of the parties' children to the mother with visitation to him, and (3) an order of protection

of the same court also dated January 23, 2006, which, inter alia, directed the father to stay away from the mother, her place of employment, and her home, except for court-authorized visitation. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves to be relieved of the assignment to prosecute this appeal.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the order and the...