| Romagnolo v Romagnolo |
| Motion No: 2008-07982 |
| Slip Opinion No: 2008 NYSlipOp 83319(U) |
| Decided on September 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
M75875
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-07982 Michael Romagnolo, appellant, v Kathleen Romagnolo, respondent. (Index No. 26871-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 7, 2008, and to direct that the subject child attend kindergarten in the Miller Place School District, pending hearing and determination of an appeal from the order.
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 as of right from an order that is not the result of 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., LIFSON, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court