Appellate Division: Second Judicial Department

M175781

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-05169, 2014-05170, 2014-05171 Gina Tabarus, respondent, v Kevin Tabarus, appellant. (Index No. 201255/12)

DECISION & ORDER ON MOTION

Motion by Kevin Tabarus, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 23, 2013, to stay enforcement of the order, as well as two orders of the same court dated October 21, 2013, and April 16, 2014, respectively, and an income execution dated April 18, 2014, pending hearing and determination of appeals from the orders.

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; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated July 23, 2013 (Appellate Division Docket No. 2014-05171), is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated October 21, 2013 (Appellate Division Docket No. 2014-05170), 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 we decline to grant leave to appeal; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HALL, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court