Morse v Morse
2026 NY Slip Op 02518 [248 AD3d 1697]
April 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2026
Julie Morse, Respondent,
v
Bradford Morse, Appellant. Catherine M. Sullivan, Esq., Attorney for the Children, Respondent.
April 24, 2026
APPEARANCES OF COUNSEL
Alderman and Alderman PLLC, Syracuse (Richard B. Alderman of counsel), for defendant-appellant.
Mackenzie Hughes LLP, Syracuse (Christopher A. Powers of counsel), for plaintiff-respondent.
Catherine M. Sullivan, Liverpool, Attorney for the Children.
Appeal from an order of the Supreme Court, Onondaga County (Danielle M. Fogel, J.), entered June 21, 2024. The order, among other things, approved compensation for the Attorney for the Children.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Defendant in this matrimonial action appeals from an order approving compensation for the Attorney for the Children. The appeal must be dismissed because no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a]; Sholes v Meagher, 100 NY2d 333, 334 [2003]; Deutsche Bank Natl. Trust Co. v Miller, 172 AD3d 1890, 1890 [4th Dept 2019]). Although we have the power to treat the notice of appeal as an application for permission to appeal, we decline to do so here (see Matter of Cor Van Rensselaer St. Co., III, Inc. v New York State Urban Dev. Corp., 197 AD3d 976, 977 [4th Dept 2021]). Present—Whalen, P.J., Lindley, Curran, Smith and DelConte, JJ.