Appellate Division: Second Judicial Department

M123832

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-04560, 2011-06274 Debra Weissman, appellant, v Ronald H. Weissman, etc., et al., respondents. (Index No. 24298/10)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County dated March 31, 2011, and June 10, 2011, respectively, inter alia, to stay so much of the order dated June 10, 2011, as directed a hearing on the issue of sanctions, and to stay enforcement of the order dated March 31, 2011, pending hearing and determinations of the appeals.

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 from so much of the order dated June 10, 2011 (Appellate Division Docket No. 2011-06274), as directed a hearing on the issue of sanctions is dismissed, without costs or disbursements, as that portion of the order is not appealable as of right and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the branch of the motion which is to stay the hearing on the issue of sanctions is denied as academic, and the motion is otherwise is denied.

BALKIN, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court