| Catto v Howell |
| Motion No: 2015-00125 |
| Slip Opinion No: 2015 NY Slip Op 63200(U) |
| Decided on February 5, 2015 |
| 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
M187041
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JOSEPH J. MALTESE, JJ.
|
2015-00125, 2015-00126 Charlotte Catto, respondent, v Gregory Howell, appellant. (Index No. 244/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Westchester County, dated November 14, 2014, and dated December 10, 2014, respectively, pending hearing and determination of appeals therefrom, and to consolidate the appeals. Cross motion by the respondent to dismiss the appeal from the order dated December 10, 2014, on the ground that it "does not set forth any preserved objection" and is not appealable as of right, and for an award of counsel fees.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the branch of the cross motion which is for an award of counsel fees is denied.
SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court