| Smith v Azzarella |
| 2023 NY Slip Op 04033 [218 AD3d 1267] |
| July 28, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Debra D. Smith, Appellant, v Thomas P. Azzarella, Respondent. |
Debra D. Smith, plaintiff-appellant pro se.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, III, J.), entered January 11, 2021. The order, inter alia, referred the matter to a referee to oversee and determine the distribution of personal property.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: To the extent that the appeal has not been rendered moot, the order is not appealable as of right (see Valiotis v Bekas, 191 AD3d 1038, 1040 [2d Dept 2021]; Selinger v Selinger, 232 AD2d 471, 471 [2d Dept 1996], lv dismissed 89 NY2d 981 [1997], lv dismissed 90 NY2d 842 [1997], rearg denied 90 NY2d 937 [1997]; Crowley v Hazen, 85 AD2d 928, 928 [4th Dept 1981]; see generally CPLR 5701 [a]), and we decline to treat the notice of appeal as an application for leave to appeal (see CPLR 5701 [c]). Present—Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.