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IN THE MATTER OF RODRIGUEZ v. GUERRA

28 A.D.3d 775 (2006)

813 N.Y.S.2d 538

In the Matter of DAISY RODRIGUEZ, Appellant, v. MARK GUERRA, Respondent.

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

April 25, 2006.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Queens County, for a new hearing; and it is further,

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