| Simmons v Simmons |
| Motion No: 2008-02956 |
| Slip Opinion No: 2008 NYSlipOp 68761(U) |
| Decided on April 9, 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. |
Appellate Division: Second Judicial Department
M68727
S/sl
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2008-02956 Delores Simmons, respondent, v Roger Simmons, appellant. (Index No. 1665/06)
| DECISION & ORDER ON MOTION |
Appeal by Roger Simmons from an order of the Supreme Court, Queens County, dated February 28, 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 and leave to appeal has not been granted (see CPLR 5701).
MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court