| Donnelly v Donnelly |
| Motion No: 2007-09009 |
| Slip Opinion No: 2007 NYSlipOp 80627(U) |
| Decided on October 15, 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
M61069
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2007-09009 Lauralee Donnelly, respondent, v Edward Donnelly, appellant. (Index No. 04-1679)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, dated September 25, 2007, as directed the enrollment of the subject child in the Kildonan School and to direct the enrollment of the subject child in the Somers Intermediate School, pending hearing and determination of an appeal from 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 is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court