Milton-Allen v Allen
Motion No: 2018-15187
Slip Opinion No: 2019 NY Slip Op 66519(U)
Decided on March 28, 2019
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

M261389

E/mm

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-15187

Janice Milton-Allen, appellant,

v Richard O. Allen, respondent.

(Index No. 1108/17)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from a decision of the Supreme Court, Dutchess County, dated November 30, 2018, to include certain material.

Upon the papers filed in support of the motion and the papers filed in opposition 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 is denied as academic.

RIVERA, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court