Matter of Jurow v Cahill
Motion No: 2007-00249 +2
Slip Opinion No: 2007 NYSlipOp 61752(U)
Decided on January 24, 2007
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

M49787

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-00249, 2007-00251, 2007-00252

In the Matter of Bill Ian Jurow, appellant,

v Karen Cahill, respondent.

In the Matter of Karen Cahill, respondent,

v Bill Ian Jurow, appellant.

(Docket Nos. F-10528/06, O-10086/06,

O-10527/06, O-10529/06, V-10530/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a transcript of the Family Court, Nassau County, dated December 15, 2006 (Appellate Division Docket No. 2007-00252), and two orders of the same court dated November 3, 2006 (Appellate Division Docket No. 2007-00249), and December 15, 2006 (Appellate Division Docket No. 2007-00251), respectively, inter alia, in effect, to stay enforcement of the order dated December 15, 2006, pending hearing and determination of appeals, to consolidate the appeals, and for leave to prosecute the appeals as a poor person.

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 transcript (Appellate Division Docket No. 2007-00252) is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that on the court's own motion, the appeal from the order dated December 15, 2006 (Appellate Division Docket No. 2007-00251), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and for leave to prosecute the appeals from the transcript and the order dated December 15, 2006, as a poor person are denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SANTUCCI, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court