| Campione v Alberti |
| Motion No: 2010-05173 |
| Slip Opinion No: 2010 NY Slip Op 75960(U) |
| Decided on July 1, 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
M105076
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-05173 Philip A. Campione, respondent-appellant, v Rita A. Alberti, appellant-respondent. (Index No. 200130/09)
| DECISION & ORDER ON MOTION |
Motion by Rita A. Alberti, in effect, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated April 26, 2010, as directed a hearing to determine that branch of Philip A. Campione's motion which was to vacate a certain stipulation, pending hearing and determination of an appeal and cross appeal from the order dated April 26, 2010, or, in the alternative, for an award of counsel fees in the sum of $15,000, and for leave to appeal from the portion of the order which directed a hearing, if necessary. Cross motion by Philip A. Campione to stay the hearing pending hearing and determination of the appeal and cross appeal from the order dated April 26, 2010, and for leave to appeal from the portion of the order which directed a hearing, if necessary. Separate motion by Rita A. Alberti to dismiss the cross appeal on the ground that it is without merit.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion and cross motion which are for leave to appeal from the portion of the order which directed a hearing are denied, and it is further,
ORDERED that on the court's own motion, the appeal and cross appeal taken as of right from so much of the order dated April 26, 2010, as directed a hearing to determine that branch of Philip A. Campione's motion which was to vacate a certain stipulation are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that the motions and cross motion are otherwise denied.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court