| Warnock v Warnock |
| Motion No: 2006-07633 |
| Slip Opinion No: 2006 NYSlipOp 74250(U) |
| Decided on August 23, 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
M43660
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2006-07633 Marc Warnock, respondent, v Suzanne Warnock, appellant. (Index No. 02-03942)
| DECISION & ORDER ON MOTION |
Motion by Suzanne Warnock for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered June 30, 2006, for leave to prosecute the appeal as a poor person, and to stay 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 is denied; and it is further,
ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not affect a substantial right of the appealing party (see CPLR 5701[a][2][v]); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and to stay enforcement of the order pending hearing and determination of the appeal are denied as academic.
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court