| O'Rourke v O'Rourke |
| Motion No: 2007-07150 |
| Slip Opinion No: 2007 NYSlipOp 78657(U) |
| Decided on September 21, 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
M60242
E/sl
STEPHEN G. CRANE, J.P.
ANITA R. FLORIO
ROBERT A. LIFSON
WILLIAM E. McCARTHY, JJ.
|
2007-07150 Tierney O'Rourke, appellant, v Marylou O'Rourke, respondent. (Index No. 2875/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay a hearing on the issue of counsel fees in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 29, 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 from so much of the order as directed a hearing on the respondent's motion for an award of counsel fees is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
CRANE, J.P., FLORIO, LIFSON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court