Posner v Posner
Motion No: 2009-06766
Slip Opinion No: 2009 NY Slip Op 80704(U)
Decided on August 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

M90869

S/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-06766

Erin Lewis Posner, appellant,

v Ronald Bruce Posner, respondent.

(Index No. 04-6845)

DECISION & ORDER ON MOTION

Appeal by Erin Lewis Posner from an order of the Supreme Court, Westchester County, dated June 15, 2009.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order which determines the admissibility of evidence in advance of trial (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600).

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court