Renck v Renck
Motion No: 2011-01525
Slip Opinion No: 2011 NY Slip Op 76508(U)
Decided on June 23, 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

M122003

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-01525, 2011-04379

Helen Renck, respondent,

v Gary Renck, appellant.

(Index No. 07-7478)

DECISION & ORDER ON MOTION

Appeals by Gary Renck from a decision of the Supreme Court, Westchester County, dated December 10, 2010, and an order of the same court dated April 15, 2010.

Now, on the Court's own motion, it is

ORDERED that the appeal from the decision dated December 10, 2010, 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 appeal from the order dated April 15, 2010, 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 we decline to grant leave to appeal.

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court