| Brown v Smith-Brown |
| Motion No: 2010-00005 |
| Slip Opinion No: 2010 NY Slip Op 75957(U) |
| Decided on July 1, 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
M105050
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-00005 Marcus Anthony Brown, respondent, v Judith Nadeen Smith-Brown, appellant.
(Index No. 29364/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Queens County, dated December 18, 2009, inter alia, to enlarge the record to include certain documents and photographs, and to enlarge the time to perfect the appeal.
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 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 motion is denied as academic.
DILLON, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court