Doscher v Doscher
Motion No: 2013-08935
Slip Opinion No: 2014 NY Slip Op 60085(U)
Decided on January 6, 2014
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

M167694

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-08935, 2013-10616

Susan Doscher, respondent,

v Jude Drew Doscher, appellant.

(Index No. 201489/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, dated July 11, 2013, and a decision of the same court dated August 20, 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 order dated July 11, 2013, 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 on the Court's own motion, the appeal from the decision dated August 20, 2013, 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 as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court