| Palmeri v Palmeri |
| Motion No: 2016-02794 |
| Slip Opinion No: 2016 NY Slip Op 70709(U) |
| Decided on April 18, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M210026
E/sl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2016-02794, 2016-02795 Michael Palmeri, appellant, v Cindy Palmeri, respondent. (Index No. 28520/09)
| DECISION & ORDER ON MOTION |
Motion by Michael Palmeri for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated February 26, 2016, and a letter dated March 16, 2016, and, inter alia, to reappoint the prior attorney for the children.
Upon the papers filed in support of the motion and the papers filed in opposition and in relaton thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order, taken as of right, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not result of a motion made on notice (see CPLR 5701); and it is further,
ORDERED that on the Court's own motion, the appeal from the letter, taken as of right, is dismissed, without costs or disbursements, on the ground that the letter is not appealable as of right or by permission (see CPLR 2219, 5701); and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., LEVENTHAL, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court