Appellate Division: Second Judicial Department

M210011

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-12372 Nikolaos Kanterakis, appellant-respondent, v Emily Kanterakis, respondent-appellant. (Index No. 200615/12)

DECISION & ORDER ON MOTION

Appeal, by permission, from stated portions of a decision and order (one paper) of the Supreme Court, Nassau County, dated November 13, 2015, and cross appeal from the same decision and order. By decision and order on motion of this Court dated March 25, 2016, the parties were directed to show cause before this Court why the cross appeal should or should not be dismissed on the ground that the portion of the decision and order which awarded counsel fees to the defendant is not appealable as of right and the defendant has not sought leave to appeal from that portion of the order, and the remaining portion of the decision and order constitutes a decision from which no appeal lies.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the cross appeal is granted, and the cross appeal is dismissed, without costs or disbursements (see CPLR 5701[a][2]; Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

ENG, P.J., DILLON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court