| McGurk v McGurk |
| Motion No: 2011-04077 |
| Slip Opinion No: 2011 NY Slip Op 74208(U) |
| Decided on May 31, 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
M120877
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2011-04077 Brian W. McGurk, respondent, v Dorothy McGurk, appellant. (Index No. 50333/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale of the marital residence pending hearing and determination of an appeal from a decision of the Supreme Court, Richmond County, dated April 7, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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., FLORIO, DICKERSON and ENG, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court