Matter of Uccio v Argenziano
Motion No: 2006-06971
Slip Opinion No: 2006 NYSlipOp 73716(U)
Decided on August 14, 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

M43261

O/mv

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2006-06971

In the Matter of Louise Uccio, appellant,

v Louis Argenziano, respondent.

(Docket Nos. V-00816-03/05C, V-00816-03/06D,

V-00817-03/05C, V-00817-03/06D)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Richmond County, dated June 15, 2006, inter alia, for custody of the children, waiver of the filing fee, and to deny the respondent visitation pending hearing and determination of the appeal.

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

ORDERED that on the court's own motion, the appeal is dismissed, as the order is not appealable as of right (see Family Ct Act 1112), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court