Appellate Division: Second Judicial Department

M213776

E/afa

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-05260 Shaw Jina Xu, also known as Jie Xu, appellant, v Jingdong Xiao, also known as Mike Shaw, respondent. (Index No. 36045/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated March 18, 2016, pending hearing and determination of an appeal therefrom.

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 so much of the order as directs a hearing to determine the branches of the respondent's motion which were to vacate the judgment of divorce on the ground of fraud, misrepresentation or other misconduct and for equitable distribution of the parties' assets, and leave to appeal has not been granted (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and no appeal lies from so much of the order as denied that branch of the respondent's motion which was to vacate the judgment of divorce on the ground of lack of jurisdiction as the appellant is not aggrieved by that portion of the order (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

LEVENTHAL, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court