| Healy v O'Hanlon |
| Motion No: 2011-11802 |
| Slip Opinion No: 2012 NY Slip Op 60799(U) |
| Decided on January 11, 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. |
Appellate Division: Second Judicial Department
M131491
E/ct
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2011-11802 Margaret Healy, appellant, v Slaney O'Hanlon, et al., respondents. (Index No. 21646/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated December 19, 2011, pending hearing and determination of an 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 purportedly taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ENG, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court