| Szewczuk v Szewczuk |
| Motion No: 2009-10973 |
| Slip Opinion No: 2010 NY Slip Op 63318(U) |
| Decided on February 10, 2010 |
| 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
M98519
S/nl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-10973 Lisa A. Szewczuk, plaintiff, v Roger Szewczuk, defendant. (Index No. 21317-05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from a decision and order (one paper) of the Supreme Court, Suffolk County, dated November 13, 2009, and to stay enforcement of so much of the decision and order as directed her to pay the defendant the sum of $102,000.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from so much of the decision and order as directed the plaintiff to pay the defendant the sum of $102,000 is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the remaining portions of the decision and order is denied as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the appeal taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court