| Silverman v Leibowitz-Silverman |
| Motion No: 2016-13275 |
| Slip Opinion No: 2017 NY Slip Op 61145(U) |
| Decided on January 13, 2017 |
| 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
M224589
E/sl
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2016-13275 Joel Silverman, respondent, v Heidi Leibowitz-Silverman, appellant. (Index No. 80/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay certain proceedings in the Family Court, Rockland County, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, entered November 10, 2016, and for a preference in the calendaring of the appeal.
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.
LEVENTHAL, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court