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FAELLO v. FAELLO

45 A.D.3d 728 (2007)

844 N.Y.S.2d 893

JANET FAELLO, Respondent, v. PATRICK FAELLO, Appellant.

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

Decided November 20, 2007.

Ordered that the appeal is dismissed, with costs.

No appeal as of right lies from an order which does not decide a motion made upon notice (see CPLR 5701 [a] [2]; Nicolini v Carvel Corp., 142 A.D.2d 633 [1988]). Even if we were inclined to grant leave to appeal (see CPLR 5701 [c]), we would be unable to properly determine the appeal since the record on appeal does not contain all the relevant exhibits, transcripts...

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