| Albert v Albert |
| Motion No: 2006-06851 +1 |
| Slip Opinion No: 2006 NYSlipOp 73326(U) |
| Decided on August 7, 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
M42955
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2006-06851, 2006-06852 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)
| DECISION & ORDER ON MOTION |
Appeal by Allison Albert from a decision of the Supreme Court, Nassau County, dated May 8, 2006, and an order of the same court dated May 10, 2006.
Now, on the court's own motion, it is
ORDERED that the appeal from the decision dated May 8, 2006 (Appellate Division Docket No. 2006-06851) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509), without prejudice to appealing from any judgment which may be entered; and it is further,
ORDERED that the appellant's notice of appeal from the order dated May 10, 2006 (Appellate Division Docket No. 2006-06852), is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).
FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court