Chamberlain v Chamberlain
Motion No: 2008-04697
Slip Opinion No: 2008 NYSlipOp 74844(U)
Decided on June 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71812

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-04697, 2008-04698

Karen Elizabeth Chamberlain, appellant,

v Mark Henry Chamberlain, respondent.

(Index No. 28483-99)

DECISION & ORDER ON MOTION

Motion by the appellant, on appeals from two orders of the Supreme Court, Suffolk County, dated September 4, 2007, and April 21, 2008, respectively, inter alia, to stay enforcement of the order dated April 21, 2008, pending hearing and determination of the appeals.

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 from the order dated September 4, 2007 (Appellate Division Docket No. 2008-04697), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order that is entered on the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court