Appellate Division: Second Judicial Department

M169275

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-00435, 2014-00437 Laura Amato Testa, appellant, v Kenneth Michael Testa, respondent. (Index No. 50939/10)

DECISION & ORDER ON MOTION

Motion by Laura Amato Testa, inter alia, for leave to appeal to this Court from two orders of the Supreme Court, Richmond County, dated November 8, 2012, and January 6, 2014, respectively, and to stay the trial in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied with respect to so much of the order dated November 8, 2012, as referred Motion No. 5 to the trial court and held in abeyance Motion No. 6, and is otherwise denied as unnecessary with respect to so much of the order dated November 8, 2012, as determined Motion Nos. 3 and 10, and the order dated January 6, 2014, because those portions of the order dated November 8, 2012, and the order dated January 6, 2014, are appealable as of right (see CPLR 5701); and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order dated November 8, 2012, as referred Motion No. 5 to the trial court and held in abeyance Motion No. 6, is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court