Maurice v Maurice
Motion No: 2010-01424
Slip Opinion No: 2010 NY Slip Op 78779(U)
Decided on August 4, 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

M106581

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2010-01424

George T. Maurice, appellant,

v Ann Maurice, etc. respondent.

(Index No. 34172/07)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 15, 2010.

ORDERED that on the court's own motion, the appeal from so much of the order as vacated the portion of the judgment imposing sanctions is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by that portion of the order (CPLR 5511); and it is further,

ORDERED that on the court's own motion, the appeal from so much of the order as directed a hearing on the issue of sanctions is 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 we decline to grant leave to appeal; and it is further,

ORDERED that the application is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court