| Maggiolo v Maggiolo |
| Motion No: 2008-06636 |
| Slip Opinion No: 2008 NYSlipOp 88804(U) |
| Decided on November 12, 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
M78341
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
RANDALL T. ENG, JJ.
|
2008-06636, 2008-09846
Denise Maggiolo, appellant, v Anthony Maggiolo, respondent. (Index No. 05-6433/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss appeals from a decision and a judgment of the Supreme Court, Orange County, dated April 24, 2007, and February 19, 2008, respectively, on the ground that they were untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements.
Although the appeal from the decision is being dismissed as untimely taken, we note that a decision is not appealable (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509).
MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court