| Bitton v Bitton |
| Motion No: 2013-00227 |
| Slip Opinion No: 2013 NY Slip Op 62747(U) |
| Decided on January 28, 2013 |
| 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
M150436
E/ct
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2013-00227 Julia F. Bitton, appellant, v Albert Bitton, respondent. (Index No. 13191/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 14, 2012, to stay the trial in the above-entitled action until the respondent pays the appellant any counsel fees awarded to the appellant pursuant to a pending motion in the Supreme Court, Kings County.
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 as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., CHAMBERS, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court