| McGuire v McGuire |
| Motion No: 2006-00110 |
| Slip Opinion No: 2006 NYSlipOp 60537(U) |
| Decided on January 11, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34711
T/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2006-00110 Gail McGuire, plaintiff, v William McGuire, etc., defendant. (Index No. 19171/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered December 20, 2005, and to stay all proceedings in the above-entitled action, including enforcement of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied, as the order entered December 20, 2005, is not appealable as of right or by permission (see Chateau Rive Corp. v Enclave Development Assocs., 283 AD2d 537); and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court