Matter of McMillian v Rizzo
Motion No: 2005-05367 +1
Slip Opinion No: 2006 NYSlipOp 75028(U)
Decided on September 6, 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

M44014

O/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-05367, 2005-05368

In the Matter of Herbert McMillian,

appellant, v Mae Rizzo, respondent.

(Docket No. V-10492/02)

DECISION & ORDER ON MOTION

Motion by appellant, inter alia, for leave to appeal to the Court of Appeals from a decision and order of this court dated July 11, 2006, which determined appeals from two orders of the Family Court, Queens County, both dated May 4, 2005.

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

ORDERED that the motion is denied.

CRANE, J.P., SPOLZINO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court