| Klineberg v Klineberg |
| Motion No: 2011-04257 |
| Slip Opinion No: 2011 NY Slip Op 73773(U) |
| Decided on May 25, 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
M120625
E/sl
JOSEPH COVELLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-04257 Barbara Klineberg, appellant, v Alan Klineberg, respondent. (Index No. 13052-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Suffolk County, dated March 25, 2011, pending hearing and determination of an appeal therefrom.
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 is not the result of 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.
COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court