| Yost v Yost |
| Motion No: 2010-07277 |
| Slip Opinion No: 2010 NY Slip Op 91907(U) |
| Decided on December 23, 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
M113190
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-07277, 2010-07278 Gina Yost, appellant-respondent, v Richard Yost, respondent-appellant. (Index No. 24493-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on appeals and cross appeals from a decision of the Supreme Court, Suffolk County, dated December 17, 2009 (Appellate Division Docket No. 2010-07277), and a judgment of the same court entered June 9, 2010 (Appellate Division Docket No. 2010-07278), inter alia, to stay enforcement of so much of the judgment as directed her to vacate the marital residence, pending hearing and determination of the appeals.
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 and cross appeal from the decision dated December 17, 2009 (Appellate Division Docket No. 2010-07277), are 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.
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court