Foley v Gootenberg
Motion No: 2014-05212
Slip Opinion No: 2014 NY Slip Op 89892(U)
Decided on November 14, 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

M182725

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-05212, 2014-09611

Linda Foley, appellant,

v Jay Gootenberg, respondent.

(Index No. 34254/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 5, 2014, pending hearing and determination of an appeal therefrom, and for leave to appeal to this Court from the order dated May 5, 2014, as well as an order of the same court dated September 17, 2014.

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 to this Court from the order dated May 5, 2014, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); 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