| Torelli v Torelli |
| Motion No: 2007-11537 |
| Slip Opinion No: 2008 NYSlipOp 60552(U) |
| Decided on January 9, 2008 |
| 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
M64685
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2007-11537 Michael W. Torelli, respondent v Lina Torelli, appellant. (Index No. 27243-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Suffolk County, dated November 28, 2007, pending hearing and determination of an appeal therefrom.
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 no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509), without prejudice to taking an appeal from any interlocutory judgment entered in the action; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., SANTUCCI, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court