Hausmann v Hausmann
Motion No: 2010-08270
Slip Opinion No: 2010 NY Slip Op 82359(U)
Decided on September 16, 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

M108391

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-08270

Gila Hausmann, appellant,

v Ralph R. Hausmann, respondent.

(Index No. 202216/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a decision of the Supreme Court, Nassau County, dated August 13, 2010, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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.

RIVERA, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court