| Boykova v Elanatova |
| Motion No: 2016-08634 |
| Slip Opinion No: 2016 NY Slip Op 85704(U) |
| Decided on September 15, 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
M218252
E/afa
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
VALERIE BRATHWAITE NELSON, JJ.
|
2016-08634 Tatyana Boykova, appellant, v Irina Elanatova, respondent. (Index No. 31663/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the retrial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 25, 2016.
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 leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court