| H. v H. |
| Motion No: 2018-00663 |
| Slip Opinion No: 2018 NY Slip Op 77201(U) |
| Decided on July 9, 2018 |
| 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
M252183
E/afa
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2018-00663 V. H., appellant, v L. H., respondent. (Index No. 12964/1998)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated November 14, 2017.
Upon the papers filed in support of 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 so much of the decision and order as vacates a prior judgment, directs the respondent to submit an amended judgment by a date certain, and directs the parties to appear for a conference in the event that the amended judgment is not submitted is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the remaining portion of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court