LaFemina v LaFemina
Motion No: 2007-01138
Slip Opinion No: 2007 NYSlipOp 63983(U)
Decided on February 28, 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

M50932

E/sl

STEPHEN G. CRANE, J.P.

PETER B. SKELOS

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-01138

John V. LaFemina, respondent,

v Marie E. LaFemina, appellant.

(Index No. 12566-05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Suffolk County, dated December 22, 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 is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

CRANE, J.P., SKELOS, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court