| Levy-Zuckerman v Zuckerman |
| Motion No: 2005-11672 +1 |
| Slip Opinion No: 2006 NYSlipOp 62653(U) |
| Decided on February 3, 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
M35730
T/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-11672, 2005-11698 Adrienne Sara Levy-Zuckerman, respondent, v David Marvin Zuckerman, appellant. (Index No. 6685-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order and an amended order of the Supreme Court, Suffolk County, both dated November 22, 2005, pending hearing and determination of appeals therefrom, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, as no appeal lies from an order which denies a motion to vacate a decision (see Matter of Colonial Penn. Ins. Co. v Cudley, 144 AD2d 363); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court