Appellate Division: Second Judicial Department

M201491

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-10226, 2015-10227 Peri W. Feldman, appellant, v Meier Feldman, defendant-respondent; Tzvi Y. Hagler, nonparty-respondent. (Index No. 33404/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, both dated August 4, 2015, and to recuse the Justice presiding in the Supreme Court, Kings County.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order granting the motion to relieve appellant's counsel is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, the appeal from the order continuing a stay 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., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court