Appellate Division: Second Judicial Department

M114027

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-11228 Christina Perkell, respondent, v Darren Perkell, appellant. (Index No. 201434/05)

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, Nassau County, dated October 13, 2010. Cross motion by the respondent to dismiss the appeal, inter alia, on the ground that no appeal lies as of right from an order that directs a conference to aid in the disposition of a motion, and this Court has not granted leave to appeal.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that no appeal lies as of right from an order that directs a conference to aid in the disposition of a motion is granted and the appeal is dismissed, without costs or disbursements (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the cross motion is otherwise denied as academic.

DILLON, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court