Appellate Division: Second Judicial Department

M291762

AFA/

JOSEPH J. MALTESE, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2023-06471 Ilana Aronov, respondent, v Evgeny Matvienko, appellant. (Index No. 719544/2020, Docket No. O-00012-21)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Queens County, dated May 1, 2023. By order to show cause dated August 7, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) or, in the alternative, on the ground that no appeal lies as of right from an order that does not result from a motion made on notice (see CPLR 5701).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted to the extent that the appeal from so much of the decision and order as set forth the court's findings of fact, conclusions of law, and determinations of the issues of custody and visitation in the action under Index No. 719544/2020, is dismissed (see CPLR 5701; Schicchi v J.A. Green Constr. Co., 100 AD2d 509), without costs or disbursements, and is otherwise denied as to so much of the decision and order as rendered a final determination of the proceeding under Docket No. O-00012-21 (see Family Court Act § 1112[a]).

MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court