| Goldberg v Goldberg |
| Motion No: 2011-03988 |
| Slip Opinion No: 2011 NY Slip Op 83191(U) |
| Decided on September 12, 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
M125575
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2011-03988, 2011-05532 Jill Goldberg, respondent, v Jeffrey A. Goldberg, appellant. (Index No. 202923/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated March 18, 2011, and April 13, 2011, respectively, in effect, to dismiss the appeal from the order dated April 13, 2011, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice.
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 notice of appeal from the order dated April 13, 2011, is deemed an application for leave to appeal from that order and leave to appeal is granted; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court