| Levi v Levi |
| Motion No: 2006-01667 +1 |
| Slip Opinion No: 2006 NYSlipOp 72378(U) |
| Decided on July 20, 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. |
Appellate Division: Second Judicial Department
M42333
S/nl
DANIEL F. LUCIANO, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2006-01667, 2006-03306 Avraham Levi, appellant, v Sigal Levi, respondent. (Index No. 43247/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 27, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute appeals from a decision and a judgment of the Supreme Court, Kings County, dated September 21, 2005, and November 28, 2005, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal from the decision dated September 21, 2005 (Appellate Division Docket No. 2006-01667) 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.
LUCIANO, J.P., RIVERA, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court