Khitri v Aaglane-Khitri
Motion No: 2015-02005
Slip Opinion No: 2015 NY Slip Op 68629(U)
Decided on March 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189961

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2015-02005

Shailender Khitri, respondent,

v Jamila Aaglane-Khitri, appellant.

(Index No. 1777/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered February 24, 2015.

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 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 denied as academic.

ENG, P.J., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court