| Rausch v Rausch |
| Motion No: 2007-08905 |
| Slip Opinion No: 2007 NYSlipOp 87303(U) |
| Decided on December 24, 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
M64053
E/sl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2007-08905, 2007-10776 Lisa June Rausch, plaintiff, v James Edward Rausch, defendant. (Index No. 24381-06)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 25, 2007, and to stay enforcement of an order of the same court dated September 12, 2007, pending hearing and determination of the appeal from the order dated October 25, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated October 25, 2007, 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 (see CPLR 5701).
RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court