Maklos-DiPierro v DiPierro
Motion No: 2008-10888
Slip Opinion No: 2008 NYSlipOp 92196(U)
Decided on December 16, 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

M79933

S/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2008-10888

Cherylann Maklos-DiPierro, respondent,

v James M. DiPierro, appellant.

(Index No. 12305-04)

DECISION & ORDER ON MOTION

Appeal by James M. DiPierro from a decision of the Supreme Court, Suffolk County, dated September 30, 2008.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509).

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court