| Cusumano v Cusumano |
| Motion No: |
| Slip Opinion No: 2011 NY Slip Op 84214(U) |
| Decided on September 21, 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. |
Appellate Division: Second Judicial Department
M126220
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2011-07778 Maria Cusumano, respondent, v Dominick Cusumano, appellant. (Index No. 4775-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to be released from incarceration, pending hearing and determination of an appeal from a decision of the Supreme Court, Suffolk County, dated July 11, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition 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.
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court