Diaz v Diaz
Motion No: 2013-08757
Slip Opinion No: 2013 NY Slip Op 88644(U)
Decided on October 17, 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

M163805

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-08757, 2013-09360

Leslie S. Diaz, respondent,

v John R. Diaz, appellant.

(Index No. 966/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a decision of the Supreme Court, Suffolk County, dated June 17, 2013, and a judgment of the same court entered September 24, 2013, pending hearing and determination of appeals therefrom.

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 decision (Appellate Division Docket No. 2013-08757) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., SKELOS, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court