| Korall v Korall |
| Motion No: 2006-08423 |
| Slip Opinion No: 2006 NYSlipOp 77406(U) |
| Decided on October 6, 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
M45314
A/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT J. LUNN, JJ.
|
2006-08423 Jenny Korall, respondent, v Andrew Korall, appellant.
(Index No. 12937/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of so much of an order of the Supreme Court, Queens County, dated September 1, 2006, as directed the parties' child to be enrolled in P.S. 144, Forest Hills, New York, 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, on the ground that the order is not appealable as of right (see CPLR 5501[c]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court