Tomczyk v Tomczyk
Motion No: 2019-09799
Slip Opinion No: 2019 NY Slip Op 79297(U)
Decided on September 12, 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

M265794

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-09799

Jessica Tomczyk, respondent,

v Kieth Tomczyk, appellant.

(Index No. 33914/13)

DECISION & ORDER ON MOTION

Appeal by Kieth Tomczyk from a decision and order (one paper) of the Supreme Court, Suffolk County, dated June 26, 2019.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by the portion of the decision and order that denied the respondent's motion (see CPLR 5511), and the remainder of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court