Thomas v Thomas
Motion No: 2011-01055
Slip Opinion No: 2011 NY Slip Op 65976(U)
Decided on March 4, 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

M115749

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-01055

Christopher Thomas, respondent,

v Melissa Thomas, appellant.

(Index No. 21678-10)

DECISION & ORDER ON MOTION

Appeal by Melissa Thomas from an order of the Supreme Court, Suffolk County, dated December 3, 2010.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court