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FAELLO v. FAELLO
Appellate Division of the Supreme Court of New York, Second Department.
Nov 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 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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