Vaccaro v Lynch
Motion No: 2014-01625
Slip Opinion No: 2014 NY Slip Op 70659(U)
Decided on April 30, 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

M173364

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-01625, 2014-03136

Stephan J. Vaccaro, respondent,

v Maura Lynch, appellant.

(Index No. 38437/10)

DECISION & ORDER ON MOTION

Motion by Maura E. Lynch, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated March 4, 2014, to stay enforcement of that order pending hearing and determination of the appeal, and to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 2, 2013, pending hearing and determination of an appeal from that order.

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 December 2, 2013, is dismissed, without costs or disbursements (see Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated March 4, 2014, is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court