| Biller v Biller |
| Motion No: 2007-07220 |
| Slip Opinion No: 2007 NYSlipOp 77583(U) |
| Decided on September 11, 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
M59519
E/sl
STEPHEN G. CRANE, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
RUTH C. BALKIN, JJ.
|
2007-07220 Yeshaye Biller, appellant, v Baila Biller, respondent. (Index No. 18531/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated June 29, 2007, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is dismissed as the order to show cause was not served in accordance with the its terms.
CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court