| Auriemmo v Auriemmo |
| Motion No: 2008-08166 |
| Slip Opinion No: 2008 NYSlipOp 92353(U) |
| Decided on December 18, 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
M79985
E/cb
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
HOWARD MILLER
EDWARD D. CARNI, JJ.
|
2008-08166
Victoria Auriemmo, appellant, v Richard Auriemmo, respondent. (Index No. 14772/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered July 9, 2008, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701).
SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court