Sutaria v Sutaria
Motion No: 2012-05432
Slip Opinion No: 2012 NY Slip Op 77412(U)
Decided on June 27, 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

M139908

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-05432

Usha Sutaria, respondent,

v Samir Sutaria, appellant.

(Index No. 200794/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a decision of the Supreme Court, Nassau County, dated April 30, 2012, pending hearing and determination of an appeal from the decision.

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 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 as academic.

RIVERA, J.P., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court