Bruzzese v Bruzzese
Motion No: 2015-00158
Slip Opinion No: 2015 NY Slip Op 62715(U)
Decided on January 30, 2015
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

M186783

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2015-00158

John Bruzzese, appellant,

v Sylvia Bruzzese, respondent.

(Index No. 6760/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to award custody of the subject children to him, pending hearing and determination of an appeal from a decision of the Supreme Court, Orange County, dated December 30, 2014.

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., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court