Matter of Simmons v Simmons
Motion No: 2009-04402
Slip Opinion No: 2009 NY Slip Op 73384(U)
Decided on May 26, 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

M87127

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-04402, 2009-04408, 2009-04409,

2009-04410

In the Matter of Tracy S. Simmons, appellant,

v Jeff A. Simmons, respondent.

(Docket No. F-1852/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from four orders of the Family Court, Nassau County, all dated March 31, 2009, in effect, for summary reversal and to direct the respondent to pay college tuition for the subject child

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the order docketed under Appellate Division Docket No. 2009-04402 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from that order (see Family Ct Act §§ 439[e], 1112), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied without prejudice to raising the issues on the appeal.

RIVERA, J.P., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court