Porotsky v Porotsky
Motion No: 2006-02571
Slip Opinion No: 2006 NYSlipOp 66703(U)
Decided on April 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38131

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2006-02571

Juliana Porotsky, respondent, v

Sergey Porotsky, appellant.

(Index No. 4272/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the enforcement of so much of an order of the Supreme Court, Kings County, dated January 3, 2006, as directed him to pay to the respondent an attorney's fee in the sum of $20,000, 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 on the court's own motion, the appeal is dismissed, without costs of disbursements as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

FLORIO, J.P., ADAMS, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court