| Rafael Ventura & Caesar Ventura Infants By Their Mother & Natural Guardian, Altagracia Ventura & Altagracia Ventura, Individually v Malachai Fischer |
| Motion No: 2006-00594 KC |
| Slip Opinion No: 2006 NYSlipOp 80655(U) |
| Decided on November 14, 2006 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| RAFAEL VENTURA AND CAESAR VENTURA INFANTS BY THEIR MOTHER AND NATURAL GUARDIAN, ALTAGRACIA VENTURA AND ALTAGRACIA VENTURA, INDIVIDUALLY, Respondents, -against- MALACHAI FISCHER, Appellant. |
DECISION
Motion by appellant, in essence, to vacate dismissal of the appeal numbered 2006-594 and consolidate it with appeal numbered 2006-1298 is denied.
No separate appeal lies from an intermediate order upon entry of a judgment (see CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d 241, 248).