Opinion
2013-03203 Index No. 5559/11 M155941
05-08-2013
Lynne Devuono, respondent, v. Vincent Devuono, appellant.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from a decision of the Supreme Court, Rockland County, dated January 18, 2013, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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.
DILLON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court