| Lieberman v Lieberman |
| Motion No: 2015-01953 |
| Slip Opinion No: 2015 NY Slip Op 79064(U) |
| Decided on July 15, 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
M195465
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2015-01953, 2015-02394
Hannah Lieberman, appellant-respondent, v Adam Lieberman, respondent-appellant. (Index No. 53429/09)
| DECISION & ORDER ON MOTION |
Appeal by Hannah Lieberman and cross appeal by Adam Lieberman from a judgment of the Supreme Court, Kings County, dated January 9, 2015, and appeal by Adam Lieberman from a decision of the same court also dated January 12, 2015.
On the Court's own motion, it is
ORDERED that 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, Adam Lieberman shall file in the office of the Clerk of this Court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceedings to be transcribed for the appeal and cross appeal from the judgment; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing his cross appeal; and it is further,
ORDERED that if Adam Lieberman does not take any of the actions described in (1), (2), (3), or (4) above has been within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to show cause why his cross appeal should or should not be dismissed.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.