Maceno v Dutrevil
Motion No: 2009-05681
Slip Opinion No: 2009 NY Slip Op 80013(U)
Decided on August 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90565

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

PLUMMER E. LOTT, JJ.

2009-05681, 2009-06631

Matthieu Maceno, appellant,

v Ketley Dutrevil, et al., respondents.

(Index No. 70/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of two orders of the Supreme Court, Queens County, entered May 15, 2009, and June 16, 2009, respectively, pending hearing and determination of appeals 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 from the order entered June 16, 2009 (Appellate Division Docket No. 2009-06631), 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.

PRUDENTI, P.J., RIVERA, COVELLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court