| Faello v Faello |
| 2007 NY Slip Op 09202 [45 AD3d 728] |
| November 20, 2007 |
| Appellate Division, Second Department |
| Janet Faello, Respondent, v Patrick Faello,Appellant. |
—[*1] Del Vecchio & Recine, LLP, Garden City, N.Y. (Phyllis Recine of counsel), forrespondent.
In an action for a divorce and ancillary relief, the defendant former husband appeals from anorder of the Supreme Court, Suffolk County (Cohen, J.), dated December 26, 2006, whichgranted the plaintiff former wife's application for an attorney's fee in the sum of $20,000.
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 [1988]). Even ifwe were inclined to grant leave to appeal (see CPLR 5701 [c]), we would be unable toproperly determine the appeal since the record on appeal does not contain all the relevantexhibits, transcripts, and motions that were before the Supreme Court (see CPLR 5526;22 NYCRR 670.10 [2]). Rivera, J.P., Krausman, Florio, Carni and Balkin, JJ., concur.