Czaban v Czaban
Motion No: 2005-11396
Slip Opinion No: 2006 NYSlipOp 63327(U)
Decided on February 28, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36387

C/nal

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11396

Wladyslaw Czaban, respondent, v

Grazyna Czaban, appellant.

(Index No. 203218-02)

DECISION & ORDER ON MOTION

Motion by the appellant for poor person relief and the assignment of Judith Ellen Stone as appellate counsel on an appeal from a decision of the Supreme Court, Nassau County, entered October 31, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court