Opinion
2011-07778 Index No. 4775-08 M126220
09-21-2011
Maria Cusumano, respondent, v. Dominick Cusumano, appellant.
, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, in effect, to be released from incarceration, pending hearing and determination of an appeal from a decision of the Supreme Court, Suffolk County, dated July 11, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court