| Eliasoph v Eliasoph |
| Motion No: 2010-01170 |
| Slip Opinion No: 2010 NY Slip Op 70643(U) |
| Decided on May 6, 2010 |
| 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
M101988
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
SHERI S. ROMAN, JJ.
|
2010-01170 Susan Eliasoph, appellant, v Scott L. Eliasoph, respondent.
(Index No. 07-200898)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 21, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, in effect, for leave to prosecute an appeal from a decision of the Supreme Court, Nassau County, dated November 30, 2009, respectively, as a poor person.
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 is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court