Burns v Burns
Motion No: 2008-02725
Slip Opinion No: 2008 NYSlipOp 68340(U)
Decided on April 3, 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

M68501

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

ARIEL E. BELEN, JJ.

2008-02725

Marc Burns, appellant,

v Jennifer Burns, respondent.

(Index No. 26567-07)

DECISION & ORDER ON MOTION

Appeal by Marc Burns from an order of the Supreme Court, Suffolk County, dated January 31, 2008.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted.

RIVERA, J.P., SKELOS, SANTUCCI and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court