Sicurelli v Sicurelli
Motion No: 2008-08786
Slip Opinion No: 2008 NYSlipOp 86028(U)
Decided on October 10, 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

M77079

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-08786, 2008-08787

Lisa Sicurelli, respondent,

v Robert Sicurelli, Jr., appellant.

(Index No. 12169/99)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Nassau County, dated June 24, 2008, and an order of the same court dated September 11, 2008, inter alia, to stay enforcement of the order dated September 11, 2008, as well as any money judgment entered upon the order, 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 decision dated June 24, 2008 (Appellate Division Docket No. 2008-08786), is dismissed, without costs or disbursements, on the ground that no appeal lies as from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court