| Radin v Radin |
| Motion No: 2010-05291 |
| Slip Opinion No: 2010 NY Slip Op 75014(U) |
| Decided on June 23, 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
M104707
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-05291 Soya Radin, appellant, v Stuart Radin, respondent. (Index No. 13356/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Queens County, entered May 25, 2010, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is dismissed for failure to file an affidavit of service establishing that service of the order to show cause and supporting papers was effected according to its terms; and it is further,
ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.
SKELOS, J.P., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court