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.
As corrected through Wednesday, September 6, 2023


[*1]
 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.