Garcia v Garcia
Motion No: 2019-07518
Slip Opinion No: 2019 NY Slip Op 80478(U)
Decided on September 27, 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

M266178

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2019-07518

Alice Garcia, appellant,

v Victor Garcia, respondent.

(Index No. 1601/04)

DECISION & ORDER ON MOTION

Motion by the appellant for poor person relief and the assignment of counsel on an appeal from an order of the Supreme Court, Westchester County, dated March 15, 2019.

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 as of right from a qualified domestic relations order (see Gormley v Gormely, 238 AD2d 545), and leave to appeal has not been granted; and it is further,

ORDERED that the appellant's motion is denied as academic.

RIVERA, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court