| Uzamere v Uzamere |
| Motion No: 2009-01119 |
| Slip Opinion No: 2009 NY Slip Op 85959(U) |
| Decided on October 15, 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. |
Appellate Division: Second Judicial Department
M93145
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2009-01119, 2009-08621 Cheryl Uzamere, appellant, v Senator Ehigie Edobor Uzamere, respondent. (Index No. 26332/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated January 12, 2009 (Appellate Division Docket No. 2009-01119), to vacate a certain judgment of divorce, in effect, to consolidate the appeal with an appeal from a decision of the same court dated September 8, 2009 (Appellate Division Docket No. 2009-08621), and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal from the decision dated September 8, 2009 (Appellate Division Docket No. 2009-08621), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal from the order dated January 12, 2009 (Appellate Division Docket No. 2009-01119), is denied; and it is further,
ORDERED that the branch of the motion which is to vacate a certain judgment of divorce is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the motion filing fee is waived and otherwise denied as academic in light of decision and order on motion of this court dated April 6, 2009, granting poor person relief with respect to the appeal from the order dated January 12, 2009, and the dismissal of the appeal from the decision dated September 8, 2009.
SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court