| Horowitz v Horowitz |
| Motion No: 2010-06343 |
| Slip Opinion No: 2010 NY Slip Op 77439(U) |
| Decided on July 21, 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
M105973
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
ARIEL E. BELEN, JJ.
|
2010-06343 Natan Horowitz, appellant, v Stacey Horowitz, respondent. (Index No. 200580/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Nassau County, dated May 27, 2010, to enlarge the record to include certain material, for poor person relief, and for the assignment of counsel.
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.
DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court