Petitioner filed four petitions alleging violations of prior orders of custody and visitation and seeking modification of a prior custody order. Pursuant to a stipulation between the parties, Family Court issued a temporary order modifying petitioner's visitation with his children. Petitioner appealed from this order.
Family Court's order modifying petitioner's visitation was not a final order as it was made pending a hearing on all petitions then before the court, and such order is not appealable as of right ( see, Matter of Bridges v. Hertica, 234 A.D.2d 862, 864; Matter of Harley v. Harley, 129 A.D.2d 843, 844). Inasmuch as petitioner did not seek permission to appeal, the matter is not properly before this Court ( see, id.). Furthermore, given the procedural posture of this case, we decline to treat petitioner's notice of appeal as a request for permission to appeal.
Cardona, P. J., Yesawich Jr., Spain and Carpinello, JJ., concur.
Ordered that the appeal is dismissed, without costs.