| Irizarry v Irizarry |
| Motion No: 2015-09486 |
| Slip Opinion No: 2015 NY Slip Op 88499(U) |
| Decided on October 23, 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
M200597
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-09486, 2015-09487 Shelly Irizarry, appellant, v Richard Irizzary, respondent. (Index No. 4255/09)
| DECISION & ORDER ON MOTION |
Motion by Shelly Irizarry for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated December 3, 2014, and a decision of the same court dated September 24, 2015, and, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal.
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 branch of the motion which is for leave to appeal from the order is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court