| Rizzo v Rizzo |
| Motion No: 2014-08491 |
| Slip Opinion No: 2016 NY Slip Op 81152(U) |
| Decided on August 1, 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
M188804
E/ct
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2014-08491 Lynn M. Rizzo , respondent, v Christopher J. Rizzo, appellant. (Index No. 50408/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a decision of the Supreme Court, Richmond County, dated July 9, 2014, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or 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 and the application are denied as academic.
MASTRO, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court