Appellate Division: Second Judicial Department

M178262

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2014-04410, 2014-07007 David Mayo, appellant-respondent, v Sally Mayo, respondent-appellant. (Index No. 200022/14)

DECISION & ORDER ON MOTION

Motion by Sally Mayo on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 8, 2014, and an appeal from an order of the same court dated June 16, 2014, to stay enforcement of the order dated June 16, 2014, pending hearing and determination of the appeal from the order, to consolidate the appeals and the cross appeal, and for an expedited briefing schedule.

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 June 16, 2014 (Appellate Division Docket No. 2014-07007), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of so much of the order dated June 16, 2014, as directed a hearing, and to consolidate the appeals and the cross appeal are denied as academic; and it is further,

ORDERED that the branch of the motion which is for an expedited briefing schedule is denied.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court