| Gargiulo v Gargiulo |
| Motion No: 2016-13399 |
| Slip Opinion No: 2017 NY Slip Op 66456(U) |
| Decided on March 7, 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
M227288
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY, JJ.
|
2016-13399 Marie Gargiulo, appellant, v Joseph Gargiulo, respondent. (Index No. 5300/14)
| DECISION & ORDER ON MOTION |
Motion by Marie Gargiulo for leave to appeal to this Court from a decision of the Supreme Court, Suffolk County, dated November 29, 2016, and to stay stated portions of the decision pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., BALKIN, AUSTIN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court