Rosenstock v Rosenstock
Motion No: 2013-00064
Slip Opinion No: 2013 NY Slip Op 64009(U)
Decided on February 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M151065

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2013-00064

Adam Rosenstock, respondent,

v Natalya Rosenstock, appellant.

(Index No. 53717/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated December13, 2012, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is dismissed for failure to pay the motion filing fee (see CPLR 8022); and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order that is not the result of a motion made on notice (see CPLR 5701) and leave to appeal has not been granted.

DILLON, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court