| Albert v Albert |
| Motion No: 2006-06852 |
| Slip Opinion No: 2006 NYSlipOp 78933(U) |
| Decided on November 1, 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
M46370
Y/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-06852 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale of the marital premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated May 10, 2006.
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 order is dismissed, without costs or disbursements, as the right to appeal therefrom terminated with the entry of the judgment dated August 22, 2006, in the action and no appeal has been taken from the judgment (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the motion is denied.
RITTER, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court