| McMahan v McMahan |
| Motion No: 2012-08840 |
| Slip Opinion No: 2013 NY Slip Op 80652(U) |
| Decided on July 25, 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
M159867
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-08840, 2013-06905 David Bruce McMahan, respondent, v Elena McMahan, appellant. (Index No. 05-399)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Westchester County, dated August 16, 2012, and April 23, 2013, respectively, or to calendar the appeals together, and for oral argument of the appeals.
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 from the order dated April 23, 2013, 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 branch of the motion which is for oral argument of the appeal from the order dated August 16, 2012, is denied as unnecessary as oral argument is permitted; and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., DILLON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court