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JULIE MORSE, PLAINTIFF-RESPONDENT, v. BRADFORD MORSE, DEFENDANT-APPELLANT. CATHERINE M. SULLIVAN, ESQ., ATTORNEY FOR THE CHILDREN, RESPONDENT.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Defendant in this matrimonial action appeals from an order approving compensation for the Attorney for the Children. The appeal must be dismissed because no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a]; Sholes v Meagher, 100 NY2d 333, 334 [2003]; Deutsche Bank Natl. Trust Co. v Miller, 172 AD3d 1890, 1890 [4th Dept 2019]). Although we have the power to treat the notice of appeal as an application for permission to appeal, we decline to do so here (see Matter of Cor Van Rensselaer St. Co., III, Inc. v New York State Urban Dev. Corp., 197 AD3d 976, 977 [4th Dept 2021]).
Entered: April 24, 2026
Ann Dillon Flynn
Clerk of the Court
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Docket No: 144
Decided: April 24, 2026
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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