Delgado v Delgado (2003 NY Slip Op 18805)

Delgado v Delgado

2003 NY Slip Op 18805 [1 AD3d 560]

November 24, 2003

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

Leonard Delgado, Respondent,
v
Lydia Delgado, Appellant.

—In an action for a divorce and ancillary relief, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated July 31, 2002, as directed her to pay counsel fees to the plaintiff's attorneys in the sum of $2,100.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal as of right lies from an order which does not decide a motion made on notice (see CPLR 5701 [a] [2]; Cellini v Derespiris, 302 AD2d 419 [2003]). Here, the portion of the order appealed from did not determine a motion made on notice, and we decline to grant leave to appeal. Ritter, J.P., Florio, S. Miller and H. Miller, JJ., concur.