Appellate Division: Second Judicial Department

M160979

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2013-07781 Christine Silver, plaintiff, v Kraig Silver, defendant. (Index No. 201492/12)

DECISION & ORDER ON MOTION

Motion by Kraig Silver for leave to appeal to this Court from stated portions of an order of the Supreme Court, Nassau County, entered July 17, 2013, and to stay enforcement of stated portions of the order, pending hearing and determination of the appeal.

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 so much of the order as granted the appellant's motion and denied the respondent's motion is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by those portions of the order (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from so much of the order as directed the appellant to pay maintenance in the sum of $1,500 per week and an attorney's fee in the sum of $20,000, and referred certain matters for a hearing is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order as directed the appellant to pay maintenance in the sum of $1,500 per week and an attorney's fee in the sum of $20,000, and referred certain matters for a hearing is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court