Taub v Taub
Motion No: 2011-05289
Slip Opinion No: 2011 NY Slip Op 76864(U)
Decided on June 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M122203

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2011-05289

Chana Taub, appellant,

v Simon Taub, respondent.

(Index No. 26534/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of any judgment entered upon a decision of the Supreme Court, Kings County, dated April 22, 2011, to the extent that the judgment affects the conveyance or distribution of real property, pending hearing and determination of an appeal from the decision.

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 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., COVELLO, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court