| Boykova v Elanatova |
| Motion No: 2016-08634 |
| Slip Opinion No: 2016 NY Slip Op 89666(U) |
| Decided on October 27, 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
M220475
E/sl
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, in effect, to recall and vacate so much of a decision and order on motion of this Court dated September 15, 2016, as dismissed an appeal from an order of the Supreme Court, Kings County, dated July 25, 2016, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal had not been granted, and for leave to reargue her prior motion, inter alia, to stay the retrial in the above-entitled action pending hearing and determination of the appeal, which was determined by the decision and order on motion dated September 15, 2016.
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 the motion is denied.
BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court