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BRAITHWAITE v. BRAITHWAITE

299 A.D.2d 383 (2002)

749 N.Y.S.2d 564

RICHARD T. BRAITHWAITE, Respondent, v. VIOLA E. BRAITHWAITE, Also Known as VIOLA EDWARDS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 12, 2002.

Ordered that the defendant's notice of appeal from the decision dated May 21, 2001, is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the appeal from the order is dismissed, as no appeal lies from an order denying a motion to set aside a decision (see Matter of Colonial Penn Ins. Co. v Culley, 144 A.D.2d 363); and it is further,

Ordered that the judgment...

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