Schuster v Schuster
Motion No: 2017-00526
Slip Opinion No: 2017 NY Slip Op 62744(U)
Decided on February 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M225672

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2017-00526, 2017-00527, 2017-00528

Renee Schuster, appellant,

v Austin Schuster, respondent.

(Index No. 56989/16)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Westchester County, all dated December 23, 2016, inter alia, to stay enforcement of the order that granted visitation to the respondent pending hearing and determination of the appeals, pursuant to CPLR 5704 to sign her order to show cause for an interim stay, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are 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 branch of the motion which is for relief pursuant to CPLR 5704 is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court