Rubackin v Rubackin
Motion No: 2009-08648
Slip Opinion No: 2010 NY Slip Op 77093(U)
Decided on July 15, 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

M105736

J/sl

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-08648, 2010-02576

Robert Rubackin, appellant,

v Sheila Rubackin, respondent.

(Index No. 1110/05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Rockland County, dated July 27, 2009 (Appellate Division Docket No. 2009-08648), and an order of the same court dated February 17, 2010 (Appellate Division Docket No. 2010-02576), to stay all proceedings in the above-entitled action pending hearing and determination of the appeals, to consolidate the appeals, and to enlarge the time to perfect the appeal from the decision dated July 27, 2009 (Appellate Division Docket No. 2009-08648).

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 decision dated July 27, 2009 (Appellate Division Docket No. 2009-08648), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that on the court's own motion, the appeal from so much of the order dated February 17, 2010 (Appellate Division Docket No. 2010-02576), as directs a hearing is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion, and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is denied; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals, and to enlarge the time to perfect the appeal from the decision dated July 27, 2009 (Appellate Division Docket No. 2009-08648), are denied as academic.

SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court