Kneip v. McWilliams

 

Matter of Kneip v McWilliams

2010 NY Slip Op 02149

Decided on March 16, 2010

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

Decided on March 16, 2010

 

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

 

2009-04527

(Docket No. V-5046-08)

 

[*1]In the Matter of Robert S. Kneip, appellant,

v

Elizabeth McWilliams, respondent.

 

George E. Reed, Jr., White Plains, N.Y., for appellant.

Gary E. Eisenberg, New City, N.Y., attorney for the child.

 

DECISION & ORDER

In a child custody proceeding pursuant to Family Court article 6 in which the father petitioned for a writ of habeas corpus, the father appeals, as limited by his brief, from stated portions of an order of the Family Court, Westchester County (Duffy, J.), entered April 3, 2009.

 

ORDERED that the appeal is dismissed, without costs or disbursements.

 

The father concedes that his petition for a writ of habeas corpus was properly dismissed. On appeal, the father only challenges the Family Court's findings of fact and conclusions of law. Thus, the appeal must be dismissed, as findings of fact and conclusions of law are not separately appealable (see Lester & Assoc., P.C. v Eneman, 69 AD3d 906; Meachum v Outdoor World Corp., 273 AD2d 208).

SKELOS, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

 

ENTER:

 

James Edward Pelzer

 

Clerk of the Court

 

 

 

 

 

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