| Holubar v Holubar |
| Motion No: 2010-06460 |
| Slip Opinion No: 2010 NY Slip Op 79501(U) |
| Decided on August 12, 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
M106850
E/ct
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
|
2010-06460 Bjorn J. Holubar, appellant, v Michelle Thorpe Holubar, respondent. (Index No. 2083/08)
| 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 an order of the Supreme Court, Putnam County, dated June 10, 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 that does not result from a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court