Rabinovich v Shevchenko

Rabinovich v Shevchenko 2009 NY Slip Op 05310 [63 AD3d 1027] June 23, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

Alexander Rabinovich, Appellant,
v
Oksana Shevchenko, Respondent.

—[*1] Richard A. Kraslow, P.C., Melville, N.Y., for appellant.

In an action for a divorce and ancillary relief, the plaintiff husband appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated June 12, 2008, which denied his oral application for a downward modification of his pendente lite maintenance obligation.

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from did not determine a motion made on notice, and is therefore not appealable as of right (see CPLR 5701 [a] [2]; Steven L.Levitt & Assoc., P.C. v Computer Handlers Corp., 7 AD3d 613 [2004]; Johnson v Ladin, 7 AD3d 674, 675 [2004]; Stern v Stern, 273 AD2d 298, 299 [2000]; Cuffie v New York City Health & Hosps. Corp., 260 AD2d 423 [1999]). No motion for leave to appeal has been made, and under the circumstances, we decline to grant leave on our own motion (see Independence Constr. Corp. v AMOCO Constr. Corp., 33 AD3d 963 [2006]; Steven L.Levitt & Assoc., P.C. v Computer Handlers Corp., 7 AD3d 613 [2004]; Cuffie v New York City Health & Hosps. Corp., 260 AD2d 423 [1999]). Mastro, J.P., Florio, Eng and Leventhal, JJ., concur.