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IN THE MATTER OF JOHN RIVERA, APPELLANT, v. MARLENE CASSAS, RESPONDENT.

DECISION ORDER

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the order is affirmed, without costs or disbursements.

The Family Court properly dismissed the petition pursuant to Family Court Act § 1085 and Domestic Relations Law § 240(1-c). The constitutional challenges to these statutes are unreviewable as the petitioner failed to give timely notice to allow the Attorney General the opportunity to intervene in these proceedings (see, Executive Law § 71; CPLR 1012; Matter of McGee v. Korman, 70 N.Y.2d 225; Matter of Barrett v. Manton, 253 A.D.2d 503; Matter of Leslie's Jewelry Mfg. Corp. v. Tax Appeals Tribunal of the City of New York, 238 A.D.2d 129).

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MATTER OF RIVERA v. CASSAS
(Aug 21, 2000)