Appellate Division: Second Judicial Department

M147738

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-09951, 2012-09952 John E. DiSilvestro, respondent, v Patricia A. DiSilvestro, appellant. (Index No. 10722/10)

DECISION & ORDER ON MOTION

Motion by Patricia A. DiSilvestro for leave to appeal to this Court from a decision of the Supreme Court, Orange County, dated October 24, 2012, and an order of the same court dated November 7, 2012, to stay the trial in the above-entitled action pending hearing and determination of the appeals, and to recuse the Supreme Court Justice assigned to the above-entitled action. Separate motion by John E. DiSilvestro to dismiss the appeal from the decision on the ground that it is "procedurally defective," to dismiss the appeal from the order on the ground that it is not a "final" order, for an award of costs, and to impose a sanction upon Patricia A. DiSilvestro.

Upon the papers filed in support of the motions and the papers filed in opposition 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 from the decision dated October 24, 2012, 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 on the Court's own motion, the appeal purportedly taken as of right from the order dated November 7, 2012, is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the motion by Patricia A. DiSilvestro is otherwise denied as academic; and it is further,

ORDERED that the motion by John E. DiSilvestro is denied as academic.

SKELOS, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court