Arsenault v. Arsenault

—Order unanimously affirmed with costs. Memorandum: The order appealed from is not a final "order of disposition” within the meaning of section 1112 (a) of the Family Court Act. Thus, there was no right to appeal from that order and a stay by Family Court was inappropriate. Inasmuch as the appeal has been heard, and in the interest of procedural regularity, we grant leave to appeal from the order nunc pro tunc (see, Matter of Brenner v Brenner, 57 AD2d 813, 814, lv dismissed 48 NY2d 713). Petitioner objected to the Hearing Examiner’s dismissal of the petition seeking an upward modification of…