| Clark v Clark |
| Motion No: 2006-09571 +2 |
| Slip Opinion No: 2006 NYSlipOp 78657(U) |
| Decided on October 27, 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
M46237
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2006-09571, 2006-09572, 2006-10055 John Clark, respondent, v Denise Clark, appellant. (Index No. 05-04076)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated September 15, 2006, and October 3, 2006, respectively, and a decision of the same court dated October 3, 2006, inter alia, in effect, to stay the enforcement of so much of the order dated October 3, 2006, and the decision as awarded temporary exclusive use of the marital residence to the respondent pending hearing and determination of the appeals.
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 from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the branches of the motion which are to stay the enforcement of the decision are denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., ADAMS, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court