INDICTOR v. INDICTOR (2025)

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

Helen INDICTOR, respondent, v. Shimon L. INDICTOR, appellant.

2022-03511

Decided: March 19, 2025

ROBERT J. MILLER, J.P., DEBORAH A. DOWLING, LILLIAN WAN, DONNA–MARIE E. GOLIA, JJ.

Shimon Indictor, named herein as Shimon L. Indictor, Brooklyn, NY, appellant pro se.

DECISION & ORDER

In a consolidated action for a divorce and ancillary relief, the defendant appeals from stated portions of a decision and order (one paper) of the Supreme Court, Richmond County (Dennis Owens, Ct. Atty. Ref.), dated March 28, 2022.

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 a 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 id. § 5701[c]; Paese v. Paese, 175 A.D.3d 506, 506, 103 N.Y.S.3d 838).

MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.

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