| Horrell v Horrell |
| Motion No: 2007-08647 |
| Slip Opinion No: 2007 NYSlipOp 84134(U) |
| Decided on November 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
M62612
E/sl
GABRIEL M. KRAUSMAN, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
|
2007-08647 Neal Horrell, appellant, v Wanda Horrell, respondent. (Index No. 06-17142)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from enforcing a certain separation agreement executed August 17, 2004, pending hearing and determination of an appeal from a decision of the Supreme Court, Westchester County, entered August 13, 2007. Cross motion by the respondent, inter alia, to enjoin the appellant from "selling encumbering, dissipating or secreting" a certain premises in Newport, Rhode Island.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp, 100 AD2d 509); and it is further,
ORDERED that the motion and cross motion are denied as academic.
KRAUSMAN, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court