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Uzamere v. Uzamere

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 8, 2009

CHERYL D. UZAMERE, APPELLANT,
v.
EHIGIE EDOBOR UZAMERE, ETC., RESPONDENT.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Kings County (Sunshine, J.), dated January 12, 2009, which, inter alia, denied her motion, among other things, for leave to enter a default judgment against the defendant and for an award of child support, and directed a hearing on the issue of whether the parties were in fact married.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J. P., DANIEL D. ANGIOLILLO, PLUMMER E. LOTT, SANDRA L. SGROI, JJ.

(Index No. 26332/07)

DECISION & ORDER

ORDERED that the appeal from so much of the order as directed a hearing is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order directing a hearing and leave to appeal has not been granted (see Bernadette Panzella, P.C. v DeSantis, 36 AD3d 734); and it is further,

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

Contrary to the plaintiff's contention, the Supreme Court properly denied that branch of her motion which was for an award of child support since the subject child had reached the age of 21 and there was no express agreement to pay such support (see Matter of Winokur v Winokur, 31 AD3d 653).

The plaintiff's remaining contentions are without merit.

FISHER, J. P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

20091208

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