| Palumbo v Palumbo |
| Motion No: 2007-05369 |
| Slip Opinion No: 2007 NYSlipOp 73615(U) |
| Decided on July 13, 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
M57163
E/sl
STEPHEN G. CRANE, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-05369, 2007-05977 Charleen Anne Palumbo, respondent, v Robert Palumbo, appellant. (Index No. 24096/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated April 25, 2007, and May 4, 2007, respectively, inter alia, to stay enforcement of so much of the order dated May 4, 2007, as imposed a sanction upon the appellant and awarded an attorney's fee to the respondent pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the appointment of counsel.
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 dated April 25, 2007 (Appellate Division Docket No. 2007-05369), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the motion is denied.
CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court