| O'Halloran v O'Halloran |
| Motion No: 2007-03588 +1 |
| Slip Opinion No: 2007 NYSlipOp 69044(U) |
| Decided on May 7, 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. |
Appellate Division: Second Judicial Department
M54233
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-03588, 2007-03669 Melissa B. O'Halloran, respondent, v John V. O'Halloran, appellant. (Index No. 15956-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a decision and an order of the Supreme Court, Suffolk County, dated March 20, 2007, and April 18, 2007, respectively, inter alia, for leave to appeal from the order and, in effect, to stay enforcement of the order.
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 (Appellate Division Docket No. 2007-03669), 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 branch of the motion which is for leave to appeal from the order dated April 18, 2007 (Appellate Division Docket No. 2007-03588), is granted; and it is further,
ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order dated April 18, 2007, is granted, and enforcement of the order dated April 18, 2007, is stayed pending hearing and determination of the appeal or pending entry of a judgment of divorce, whichever occurs first; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court