Scordio v Scordio
Motion No: 2011-10486
Slip Opinion No: 2012 NY Slip Op 66165(U)
Decided on March 2, 2012
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

M133906

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-10486

Anthony Scordio, respondents, v Rosanne

Scordio, defendant; Gassman Baiamonte Betts,

P.C., nonparty-appellant.

(Index No. 203028/08)

DECISION & ORDER ON MOTION

Motion by Gassman Baiamonte Betts, P.C., to amend a notice of an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2011, to reflect that it is the proper party appellant.

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 the motion is granted; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from the order dated September 27, 2011 (see CPLR 5701), and we decline to grant leave to appeal.

DICKERSON, J.P., CHAMBERS, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court