| Vaccarello v Vaccarello |
| Motion No: 2008-11692 |
| Slip Opinion No: 2009 NYSlipOp 63339(U) |
| Decided on February 11, 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
M82440
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-11692 Dennis Vaccarello, appellant, v Veronica Vaccarello, respondent. (Index No. 06-23451)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Westchester County, entered November 20, 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 no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509), without prejudice to taking an appeal from any judgment entered in the action; and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court