DEBRA SMITH PLAINTIFF APPELLANT v. THOMAS AZZARELLA DEFENDANT RESPONDENT (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

DEBRA D. SMITH, PLAINTIFF-APPELLANT, v. THOMAS P. AZZARELLA, DEFENDANT-RESPONDENT.

455 Decided: July 28, 2023

PRESENT: SMITH, J.P., PERADOTTO, CURRAN, MONTOUR, AND OGDEN, JJ.

DEBRA D. SMITH, PLAINTIFF-APPELLANT PRO SE.

MEMORANDUM AND ORDER

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 AD3d 1038, 1040 [2d Dept 2021]; Selinger v Selinger, 232 AD2d 471, 471 [2d Dept 1996], lv dismissed 89 NY2d 981 [1997], lv dismissed 90 NY2d 842 [1997], rearg denied 90 NY2d 937 [1997]; Crowley v Hazen, 85 AD2d 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]).

Entered: July 28, 2023

Ann Dillon Flynn

Clerk of the Court

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