Opinion
Motion No. 2023-06471 Index No. 719544/2020Docket No. O-00012-21
10-23-2023
Ilana Aronov, respondent, v. Evgeny Matvienko, appellant.
Unpublished Opinion
MOTION DECISION
M291762
JOSEPH J. MALTESE, J.P., LINDA CHRISTOPHER, WILLIAM G. FORD, LAURENCE L. LOVE, JJ.
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 A.D.2d 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 A.D.2d 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.