Kelly v Kelly
Motion No: 2009-00208
Slip Opinion No: 2009 NYSlipOp 61986(U)
Decided on January 27, 2009
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

M81632

S/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2009-00208

Debra Kelly, respondent,

v Michael Kelly, appellant.

(Index No. IDV-6)

DECISION & ORDER ON MOTION

Appeal by Michael Kelly from an order of the Supreme Court, Rockland County (IDV Part), dated December 5, 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).

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court