| Montiel v Montiel |
| Motion No: 2014-00678 |
| Slip Opinion No: 2014 NY Slip Op 69472(U) |
| Decided on April 15, 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. |
Appellate Division: Second Judicial Department
M172826
E/ct
PETER B. SKELOS, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JOSEPH J. MALTESE, JJ.
|
2014-00678, 2014-03428 Jose R. Montiel, appellant, v Paula C. Montiel, respondent. (Index No. 8376/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Westchester County, dated November 4, 2013, and February 24, 2014, respectively, pending hearing and determination of appeals therefrom, and to consolidate the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated November 4, 2013, is dismissed, without costs or disbursements, on the ground that no appeal lies 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 branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court