| Tulchin v Tulchin |
| Motion No: 2008-05454 |
| Slip Opinion No: 2008 NYSlipOp 80517(U) |
| Decided on August 19, 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
M74714
E/cb
WILLIAM F. MASTRO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
RUTH C. BALKIN, JJ.
|
2008-05454 Geno Tulchin, appellant, v Ann-Marie Tulchin, respondent. (Index No. 16558/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered April 3, 2008, 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, without prejudice to taking an appeal from a judgment, entered on the order entered April 3, 2008, or making a motion to vacate the order entered April 3, 2008, in the Supreme Court, Westchester County, on the ground that no appeal lies as of right from an order that does not result from a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court