| Ritornato v Ritornato |
| Motion No: 2017-02427 |
| Slip Opinion No: 2017 NY Slip Op 69927(U) |
| Decided on April 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
M229061
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2017-02427 Daria Ritornato, respondent, v Michael Ritornato, appellant. (Index No. 2876/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay entry of judgment in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Westchester County, dated December 23, 2016.
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 from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court