Polaniec v Polaniec
Motion No: 2011-09569
Slip Opinion No: 2012 NY Slip Op 60399(U)
Decided on January 6, 2012
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

M131182

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-09569, 2011-11575

Kazimierz Polaniec, appellant,

v Ewa Polaniec, respondent.

(Index No. 51845/09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Kings County, dated August 26, 2011, and a judgment of the same court dated October 27, 2011, to stay enforcement of the judgment pending hearing and determination of the 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 from the decision dated August 26, 2011 (Appellate Division Docket No. 2011-09569), 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.

DILLON, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court