Gaal v Gaal
Motion No: 2015-03389
Slip Opinion No: 2015 NY Slip Op 72240(U)
Decided on May 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M191730

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-03389

Gina Gaal, respondent,

v Peter Gaal, appellant.

(Index No. 2839/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a temporary restraining order contained in an order to show cause of the Supreme Court, Suffolk County, dated February 26, 2015, pending hearing and determination of an appeal from the order to show cause.

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.

RIVERA, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court