| Maclean v Dyer |
| Motion No: 2016-09840 |
| Slip Opinion No: 2016 NY Slip Op 93332(U) |
| Decided on December 2, 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
M222339
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-09840 Joseph Maclean, appellant-respondent, v Marjorie Dyer, respondent-appellant. (Index No. 7121/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of stated portions of a decision of the Supreme Court, Suffolk County, dated August 24, 2016, pending hearing and determination of an appeal and cross 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 notice of appeal and the notice of cross appeal from the decision are deemed to be a premature notice of appeal and a premature notice of cross appeal from an order of the Supreme Court, Suffolk County, dated November 22, 2016 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court