Scher v Scher
Motion No: 2010-01583
Slip Opinion No: 2010 NY Slip Op 65803(U)
Decided on March 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100007

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2010-01583

Allison Scher, appellant,

v Edward Scher, respondent.

(Index No. 29475-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a decision of the Supreme Court, Suffolk County, dated January 26, 2010, 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); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court