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

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 AD2d 633). 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, and motions that were before the Supreme Court ( see CPLR 5526; 22 NYCRR 670.10).

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FAELLO v. FAELLO
(Nov 20, 2007)