Galligan v Galligan
Motion No: 2012-05557
Slip Opinion No: 2012 NY Slip Op 82799(U)
Decided on August 29, 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

M142874

S/ct

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-05557

Carolyn Galligan, respondent,

v Peter Galligan, appellant.

(Index No. 41053/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay entry of a judgment in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Suffolk County, dated April 12, 2012.

Upon the papers filed in support of the motion and no papers have been filed in opposition or relation thereto, it is

ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court