Auriemmo v Auriemmo
Motion No: 2010-05282
Slip Opinion No: 2010 NY Slip Op 76526(U)
Decided on July 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M105265

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-05282

Victoria Auriemmo, plaintiff,

v Richard Auriemmo, defendant;

Michael R. Curran, nonparty-appellant.

(Index No. 14772/04)

DECISION & ORDER ON MOTION

Motion by Michael R. Curran for leave to appeal to this court from an order and judgment (one paper) of the Supreme Court, Queens County, entered April 28, 2010.

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

ORDERED that the motion is denied as unnecessary as the order and judgment entered April 28, 2010, is appealable as of right (see CPLR 5701[a][1]); and it is further,

ORDERED that Michael R. Curran's moving papers are deemed to be a timely notice of appeal.

SANTUCCI, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court