| Horn v Horn |
| Motion No: 2010-06130 |
| Slip Opinion No: 2010 NY Slip Op 79207(U) |
| Decided on August 10, 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
M106805
E/sl
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2010-06130 Melanie Horn, respondent, v Michael Horn, appellant. (Index No. 202300/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay a hearing on the issue of the appellant's contempt in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2010.
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 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 motion is denied as academic.
ANGIOLILLO, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court