Fenech v Fenech
Motion No: 2015-04278
Slip Opinion No: 2015 NY Slip Op 76080(U)
Decided on June 12, 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

M193893

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-04278, 2015-04279

Marisol Fenech, appellant,

v Michael Fenech, respondent.

(Index No. 12569/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the marital residence, pending hearing and determination of appeals from a decision of the Supreme Court, Westchester County, entered April 15, 2014, and a judgment of the same court dated December 31, 2014.

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 decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., HALL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court