Appellate Division: Second Judicial Department

M162580

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-08422, 2013-08423 Michael Vogel, appellant, v Beverlie Vogel, respondent. (Index No. 8713/13)

DECISION & ORDER ON MOTION

Motion by Michael Vogel for leave to appeal to this Court from two orders of the Supreme Court, Nassau County, dated August 22, 2013, and August 27, 2013, respectively, to stay enforcement of the orders, pending hearing and determination of the appeals, and to stay all proceedings in a certain Family Court matter, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated August 27, 2013, as denied that branch of the appellant's motion which was to remove the Family Court matter to the Supreme Court, Nassau County, is denied as unnecessary (see CPLR 5701); 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 dated August 27, 2013, as directed a conference in connection with the respondent's motion to dismiss the complaint and for sanctions and the appeal purportedly taken as of right from the order dated August 22, 2013, are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court