Matter of Muller-Harris v Harris
Motion No: 2011-00509
Slip Opinion No: 2011 NY Slip Op 62876(U)
Decided on February 2, 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

M114931

E/ct

JOSEPH COVELLO, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-00509

In the Matter of Tarah M. Muller-Harris,

respondent, v Debra L. Harris, appellant.

(Docket No. F-7303/08)

DECISION & ORDER ON MOTION

Motion by Debra L. Harris for leave to appeal to this Court from a decision of the Family Court, Nassau County, dated December 21, 2010, and to stay a certain hearing in the above-entitled proceeding pending hearing and determination of the appeal.

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.

COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court