| Perdios v Perdios |
| Motion No: 2011-01856 |
| Slip Opinion No: 2011 NY Slip Op 66796(U) |
| Decided on March 14, 2011 |
| 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
M116959
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2011-01856 Panayiota Perdios, appellant, v Demetrios Perdios, respondent. (Index No. 34229-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 27, 2011, and for an expedited briefing schedule.
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[a][2]), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court