| McIver-Heyward v Heyward |
| Motion No: 2008-00359 |
| Slip Opinion No: 2008 NYSlipOp 69422(U) |
| Decided on April 17, 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
M69215
E/sl
HOWARD MILLER, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2008-00359 Leslie McIver-Heyward, appellant, v Richard Heyward, respondent. (Index No. 06-6485)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a transcript of the Supreme Court, Rockland County, dated December 18, 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, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., DILLON, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court