Hayes v Barroga-Hayes
Motion No: 2009-02295
Slip Opinion No: 2009 NYSlipOp 69947(U)
Decided on April 17, 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

M85383

S/nl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-02295

Michael J. Hayes, Jr., respondent,

v Florentina Barroga-Hayes, appellant.

(Index No. 5539/97)

DECISION & ORDER ON MOTION

Appeal by Florentina Barroga-Hayes from an order of the Supreme Court, Richmond County, dated February 3, 2009.

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).

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court