Opinion
2018–05066 Index No. 2756/13
08-07-2019
Joseph PAESE, appellant, v. Janamarie PAESE, respondent.
Baker & Hostetler LLP, New York, N.Y. (Seanna R. Brown, Amy E. Vanderwal, and Andrew M. Serrao of counsel), for appellant. Gloria Marchetti–Bruck, White Plains, NY, attorney for the child Isabella M. Karen M. Jansen, White Plains, NY, attorney for the children Allesandra P. and Joseph P.
Baker & Hostetler LLP, New York, N.Y. (Seanna R. Brown, Amy E. Vanderwal, and Andrew M. Serrao of counsel), for appellant.
Gloria Marchetti–Bruck, White Plains, NY, attorney for the child Isabella M.
Karen M. Jansen, White Plains, NY, attorney for the children Allesandra P. and Joseph P.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action for a divorce and ancillary relief, the plaintiff appeals from stated portions of a decision and order (one paper) of the Supreme Court, Westchester County (Gretchen Walsh, J.), dated January 7, 2018, made after a nonjury trial.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the decision and order must be dismissed. To the extent that the portions of the decision and order appealed from constitute a decision, no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 509–510, 472 N.Y.S.2d 718 ). To the extent that the portion of the decision and order appealed from constitutes an order, that portion does not decide a motion made on notice (see CPLR 5701[a][2] ), and we decline to grant leave to appeal (see CPLR 5701[c] ).
MASTRO, J.P., DILLON, BRATHWAITE NELSON and IANNACCI, JJ., concur.