Matter of Cooke v Alaimo
Motion No: 2006-08941
Slip Opinion No: 2006 NYSlipOp 81985(U)
Decided on December 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

M48343

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2006-08941

In the Matter of Donald G. Cooke III, appellant,

v Kimberly A. Alaimo, respondent.

(Docket No. V-00596/03)

DECISION & ORDER ON MOTION

Appeal by Donald G. Cooke III from an order of the Family Court, Suffolk County, dated August 25, 2006. By decision and order on motion dated November 21, 2006, the parties were directed to show cause before this court why an order should or should not be made and dismissing the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted.

Now, on the court's own motion, and the papers filed in response to the decision and order on motion dated November 21, 2006, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted.

PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court