| Miceli v Miceli |
| Motion No: 2008-08748 |
| Slip Opinion No: 2009 NYSlipOp 66168(U) |
| Decided on March 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
M83603
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2008-08748 Robert Miceli, respondent, v Jo Ann Miceli, appellant. (Index No. 201413/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, entered September 15, 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 appealing from any judgment entered upon the decision; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court