Opinion
No. 455 CA 21-01132
07-28-2023
DEBRA D. SMITH, PLAINTIFF-APPELLANT, v. THOMAS P. AZZARELLA, DEFENDANT-RESPONDENT.
DEBRA D. SMITH, PLAINTIFF-APPELLANT PRO SE.
DEBRA D. SMITH, PLAINTIFF-APPELLANT PRO SE.
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, MONTOUR, AND OGDEN, JJ.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, III, J.), entered January 11, 2021. The order, inter alia, referred the matter to a referee to oversee and determine the distribution of personal property.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: To the extent that the appeal has not been rendered moot, the order is not appealable as of right (see Valiotis v Bekas, 191 A.D.3d 1038, 1040 [2d Dept 2021]; Selinger v Selinger, 232 A.D.2d 471, 471 [2d Dept 1996], lv dismissed 89 N.Y.2d 981 [1997], lv dismissed 90 N.Y.2d 842 [1997], rearg denied 90 N.Y.2d 937 [1997]; Crowley v Hazen, 85 A.D.2d 928, 928 [4th Dept 1981]; see generally CPLR 5701 [a]), and we decline to treat the notice of appeal as an application for leave to appeal (see CPLR 5701 [c]).