| Riccuiti v Porcu |
| Motion No: 2014-01204 |
| Slip Opinion No: 2014 NY Slip Op 70364(U) |
| Decided on April 25, 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
M173116
E/sl
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
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2014-01204 Frank Riccuiti, Jr., respondent, v Theodora A. Porcu, defendant; Robert P. Macchia, nonparty-appellant. 2014-03355 Frank Riccuiti, Jr., appellant-respondent, v Theodora A. Porcu, respondent-appellan (Index No. 600183/13)
| DECISION & ORDER ON MOTION t. |
Motion by Theodora A. Porcu and Robert P. Macchia on an appeal from an order of the Supreme Court, Nassau County, entered December 6, 2013, and an appeal and cross appeal from an order of the same court dated March 10, 2014, to stay enforcement of so much of the order entered December 6, 2013, as imposes a sanction upon Robert P. Macchia, pending hearing and determination of the appeals and cross appeal.
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 notice of appeal from the order entered December 6, 2013, is treated as an application by Robert P. Macchia for leave to appeal to this Court from so much of the order as imposes a sanction upon him, and leave to appeal is granted (see CPLR 2001, 5701; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., LOTT, ROMAN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court