Matter of Andrade v Ymaya
Motion No: 2010-09380
Slip Opinion No: 2010 NY Slip Op 87755(U)
Decided on November 12, 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

M110834

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-09380

In the Matter of Cathy Andrade, appellant,

v Cesar Ymaya, respondent.

(Docket Nos. V-6321/10, V-6322/10)

DECISION & ORDER ON MOTION

Motion by the respondent for poor person relief and for the assignment of counsel on an appeal from a decision of the Family Court, Suffolk County, dated September 10, 2010.

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, 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.

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court