| Ashley v Ashley |
| Motion No: 2013-10011 |
| Slip Opinion No: 2013 NY Slip Op 91717(U) |
| Decided on November 19, 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
M165529
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2013-10011 Phillip Ashley, respondent, v Paula A. Ashley, appellant. (Index No. 08-24566)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a warrant of eviction of the Supreme Court, Westchester County, entered October 11, 2013.
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 is dismissed, without costs or disbursements, on the ground that no appeal lies from a warrant of eviction (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., RIVERA, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court