Devuono v Devuono
Motion No: 2013-03203
Slip Opinion No: 2013 NY Slip Op 73068(U)
Decided on May 8, 2013
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

M155941

E/nl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-03203

Lynne Devuono, respondent,

v Vincent Devuono, appellant.

(Index No. 5559/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a decision of the Supreme Court, Rockland County, dated January 18, 2013, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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.

DILLON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court