Glerum v Glerum
Motion No: 2016-04893
Slip Opinion No: 2016 NY Slip Op 77617(U)
Decided on June 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M213738

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2016-04893

John Glerum, respondent,

v Kim Glerum, appellant.

(Index No. 18599/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a decision and order (one paper) of the Supreme Court, Suffolk County, dated April 26, 2016, as a poor person and for the assignment of counsel

Upon the papers filed in support of the motion and the papers filed 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 so much of the decision and order as constitutes a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and no appeal lies as of right from so much of the decision and order as constitutes an order as that portion the decision and order is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court