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
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.,
Gary E. Eisenberg,
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