Schwarz v Schwarz
Motion No: 2013-10479
Slip Opinion No: 2014 NY Slip Op 60626(U)
Decided on January 10, 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

M167925

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-10479, 2013-10484

Samuel Schwarz, et al., appellants,

v Helene Schwarz, et al., respondents.

(Index No. 10942/12)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, in effect, to stay enforcement of two orders of the Supreme Court, Kings County, both dated September 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 under Appellate Division Docket No. 2013-10484 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 leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court