Falco v Falco
Motion No: 2013-09640
Slip Opinion No: 2013 NY Slip Op 91470(U)
Decided on November 15, 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

M165390

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-09640, 2013-09641, 2013-09644

Gabriel R. Falco, appellant,

v Laura Ann Bowery Falco, respondent.

(Index No. 21122/13)

DECISION & ORDER ON MOTION

Separate motions by the appellant, inter alia, to consolidate appeals from three orders of the Supreme Court, Suffolk County, all dated September 30, 2013.

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

ORDERED that on the Court's own motion, the appeals under Appellate Division Docket Nos. 2013-09640 and 2013-09641 are dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the consent of an appealing party (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, the appeal under Appellate Division Docket No. 2013-09644 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 motions are denied as academic.

DILLON, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court