| Miller v Volz |
| Motion No: 2012-04895 |
| Slip Opinion No: 2012 NY Slip Op 76014(U) |
| Decided on June 13, 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
M139155
E/sl
MARK C. DILLON, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-04895 Andrew Miller, appellant, v Ashley Volz, respondent. (Index No. 56564/09)
| DECISION & ORDER ON MOTION |
Motion by Andrew Miller for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated May 17, 2012, and, in effect, to stay enforcement of the order, pending hearing and determination of the appeal. Cross motion by Ashley Volz for an award of an attorney's fees and costs in the sum of $7,000.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied.
DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court