| Kelen v Kelen |
| Motion No: 2016-03486 |
| Slip Opinion No: 2016 NY Slip Op 71834(U) |
| Decided on April 28, 2016 |
| 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
M210710
E/sl
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2016-03486 Martin Kelen, respondent, v Betty Kelen, appellant. (Index No. 9358/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of the "parenting time and monetary provisions" of an order of the Supreme Court, Queens County, dated April 6, 2016, pending hearing and determination of an appeal from the order.
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.
CHAMBERS, J.P., DICKERSON, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court