Fridman v Fridman
Motion No: 2006-06366 +1
Slip Opinion No: 2006 NYSlipOp 73165(U)
Decided on August 2, 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

M42919

Y/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-06366, 2006-06367

Leon Fridman, respondent, v

Tamara Fridman, appellant.

(Index No. 16407/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Kings County, dated August 23, 2005, and an order of the same court dated February 14, 2006. Cross motion by the respondent to dismiss the appeals as untimely taken.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion and cross motion are denied; and it is further,

ORDERED that on the court's own motion, the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court