Saccurato v Saccurato
Motion No: 2007-11539
Slip Opinion No: 2008 NYSlipOp 61066(U)
Decided on January 15, 2008
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

M64726

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11539

Michelle Saccurato, respondent,

v Dennis Saccurato, appellant.

(Index No. 15912/05)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Westchester County, entered October 31, 2007.

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 as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.

MASTRO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court