Appellate Division: Second Judicial Department

M135893

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2011-08819, 2011-10677, 2011-10694, 2011-10695 Kathleen Meara, respondent, v Jeffrey Meara, appellant. (Index No. 09-9762)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record to include certain medical records on appeals from a decision of the Supreme Court, Rockland County, dated August 26, 2011, an order of the same court dated September 27, 2011, a judgment of the same court entered October 24, 2011, and findings of fact and conclusions of law of the same court dated October 13, 2011. Cross motion by the respondent, inter alia, to dismiss the appeal from the judgment on the ground that the notice of appeal and request for Appellate Division intervention are defective, in effect, to strike stated portions of the appellant's brief on the ground that it improperly raises issues for the first time on appeal, and for an award of counsel fees.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the appeals from the decision and the findings of fact and conclusions of law (Appellate Division Docket Nos. 2011-08819, 2011-10695) are 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), or findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is, in effect, to strike stated portions of the appellant's brief on the ground that it improperly raises issues for the first time on appeal is denied without prejudice to raising the issue in the respondent's brief; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court