| Gahagan v Gahagan |
| Motion No: 2008-11332 |
| Slip Opinion No: 2009 NYSlipOp 60213(U) |
| Decided on January 8, 2009 |
| 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
M80832
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
EDWARD D. CARNI
JOHN M. LEVENTHAL, JJ.
|
2008-11332 Robert Gahagan, appellant, v Betsy Gahagan, respondent. (Index No. 200148/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Nassau County, dated October 29, 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, on the ground that that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., MILLER, CARNI and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court