| Cohen v Cohen |
| Motion No: 2013-00646 |
| Slip Opinion No: 2013 NY Slip Op 63791(U) |
| Decided on February 6, 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
M151000
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2013-00646 Ilan Cohen, appellant, v Tamara Cohen, respondent. (Index No. 202619/11)
| DECISION & ORDER ON MOTION |
Motion by Ilan Cohen for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated September 26, 2012, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Cross motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (CPLR 5701[a][2][v]); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is denied; and it is further,
ORDERED that the cross motion is denied.
SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court