Nazzaro v Nazzaro
Motion No: 2011-06249
Slip Opinion No: 2011 NY Slip Op 85668(U)
Decided on October 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

M126750

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-06249

Eileen Nazzaro, respondent,

v Victor Nazzaro, appellant.

(Index No. 5760-09)

DECISION & ORDER ON MOTION

Appeal by Victor Nazzaro from an order of the Supreme Court, Suffolk County, dated May 25, 2011.

Now, 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 we decline to grant leave to appeal.

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court