Matter of Albert v Albert
Motion No: 2008-06170
Slip Opinion No: 2008 NYSlipOp 78772(U)
Decided on July 28, 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

M73772

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2008-06170, 2008-06171, 2008-06172

2008-06173

In the Matter of Mark Albert, respondent,

v Allison Albert, appellant.

(Docket No. F-11524/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Family Court, Nassau County, dated June 23, 2008, two orders of the same court both dated June 23, 2008, and an order of the same court dated June 26, 2008, inter alia, to direct the respondent, among others, to refrain from all collection efforts.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Family Ct Act § 1112); and it is further,

ORDERED that on the court's own motion, the appeal from the order of disposition dated June 23, 2008, is dismissed, without costs or disbursements, on the ground that the order of disposition is not appealable until confirmed by a judge of the Family Court (see Matter of Roth v Bowman, 245 AD2d 521); and it is further,

ORDERED that on the court's own motion, the appeal from the order dated June 23, 2008, directing the entry of a money judgment is dismissed, without costs or disbursements (see Family Ct Act § 439[e]); and it is further,

ORDERED that on the court's own motion, the appeal from the order dated June 26, 2008, is dismissed, without costs or disbursements on the ground that the appellant is not aggrieved (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court