Heiny v Heiny
Motion No: 2006-11802
Slip Opinion No: 2007 NYSlipOp 73061(U)
Decided on July 5, 2007
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

M56702

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2006-11802

Cathleen Heiny, appellant,

Jay Heiny, respondent.

(Index No. 04-6602)

DECISION & ORDER ON MOTION

Appeal by Cathleen Heiny from an order of the Supreme Court, Orange County, dated November 3, 2006.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying a motion to modify a decision (see Matter of Colonial Penn Ins. v Cuddley, 144 AD2d 363).

RIVERA, J.P., RITTER, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court