| Musachio v Musachio |
| Motion No: 2012-01689 |
| Slip Opinion No: 2012 NY Slip Op 75304(U) |
| Decided on June 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. |
Appellate Division: Second Judicial Department
M138816
E/sl
DANIEL D. ANGIOLILLO, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2012-01689, 2012-04930 Mark Musachio, respondent, v Annmarie Musachio, appellant. (Index No. 21672-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered December 29, 2011, and an order of the same court dated May 3, 2012, pending hearing and determination of appeals therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated May 3, 2012 (Appellate Division Docket No. 2012-04930), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court