Kanterakis v Kanterakis
Motion No: 2015-12372
Slip Opinion No: 2016 NY Slip Op 94990(U)
Decided on December 22, 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

M223394

J/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-12372

Nikolaos Kanterakis, appellant-respondent,

v Emily Kanterakis, respondent; Salvatore

A. Lecci, nonparty-respondent-appellant.

(Index No. 200615/12)

DECISION & ORDER ON MOTION

Appeal by Nikolaos Kanterakis and cross appeal by Salvatore A. Lecci from a decision and order (one paper) of the Supreme Court, Nassau County, dated November 13, 2015.

On the Court's own motion, it is

ORDERED that the cross appeal is dismissed, without costs or disbursements, on the ground that the portion of the decision and order which awarded counsel fees is not appealable as of right and the respondent-appellant 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 (see CPLR 5701[a][2]; Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

LEVENTHAL, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court