Poppe v Poppe
Motion No: 2021-09275
Slip Opinion No: 2023 NY Slip Op 75721(U)
Decided on October 25, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291810

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-09275

Kamelia K. Poppe, respondent,

v William F. Poppe, appellant.

(Index No. 200265/2019)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated November 23, 2021. By order to show cause dated April 18, 2022, 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).

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 and conclusions of law on the issues of child support and arrears is dismissed (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), without costs or disbursements, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal from so much of the decision and order as determined Motion Sequence Nos. 22 and 25 is dismissed on the ground that those portions of the decision and order were superseded by an order of the same court dated March 8, 2022.

DILLON, J.P., MILLER, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court