Appellate Division: Second Judicial Department

M153726

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2013-00234, 2013-00236 Don Weiner, respondent, v Maryann Weiner, appellant. (Index No. 27192/06)

DECISION & ORDER ON MOTION

Motion by Maryann Weiner for leave to appeal to this Court from so much of two orders of the Supreme Court, Suffolk County, dated October 22, 2012, and November 5, 2012, respectively, as directed hearings to aid in the determination of the respondent's motions and to stay the hearings, pending hearing and determination of the appeals. Cross motion by Don Weiner to impose a sanction upon Maryann Weiner and for an award of costs and an attorney's fee.

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; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated November 5, 2012 (Appellate Division Docket No. 2013-00234), is dismissed, without costs or disbursements (see CPLR 5511; Bagdy v Progresso Foods Corp, 86 AD2d 589); and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated October 22, 2012 (Appellate Division Docket No. 2013-00236), except so much of the order as granted that branch the respondent's motion which was to appoint Domenik Veraldi as attorney for the children, is dismissed, without costs or disbursements (see CPLR 5511; Bagdy v Progresso Foods Corp, 86 AD2d 589); and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court