Burke v Burke
Motion No: 2010-09781
Slip Opinion No: 2011 NY Slip Op 60061(U)
Decided on January 3, 2011
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

M113332

E/sl

ANITA R. FLORIO, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-09781

John Burke, respondent,

v Kathleen Burke, appellant.

(Index No. 37731-07)

DECISION & ORDER ON MOTION

Appeal by Kathleen Burke from a decision of the Supreme Court, Suffolk County, dated August 12, 2010.

On the Court's own motion, it is

ORDERED that 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).

FLORIO, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court