| Matter of Ismailoff; Golan |
| Motion No: 2007-02638 |
| Slip Opinion No: 2007 NYSlipOp 69624(U) |
| Decided on May 16, 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
M54725
E/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-02638 In the Matter of Esther Ismailoff, respondent; Effie Golan, appellant. (File No. 342207)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay a certain arbitration proceeding pending hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated February 1, 2007.
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 as of right from an order which is not the result of a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court