| Matter of Cooke v Alaimo |
| Motion No: 2006-05338 |
| Slip Opinion No: 2006 NYSlipOp 72102(U) |
| Decided on July 17, 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
M42117
Y/sl
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-05338 In the Matter of Donald Cooke III, appellant, v Kimberly Alaimo, respondent. (Docket No. V-596/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Family Court, Suffolk County, dated April 28, 2006, pending hearing and determination of an appeal therefrom.
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 or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court