Tarasco v Tarasco
Motion No: 2017-04186
Slip Opinion No: 2017 NY Slip Op 74507(U)
Decided on May 19, 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

M231399

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-04186, 2017-04187, 2017-04189

Maria Tarasco, appellant,

v Joseph Tarasco, respondent.

(Index No. 5133/11)

DECISION & ORDER ON MOTION

Motion by Maria Tarasco on appeals from three orders of the Supreme Court, Suffolk County, dated November 21, 2016, January 18, 2017, and March 21, 2017, respectively, for leave to appeal to this Court from the order dated January 18, 2017, to stay enforcement of the orders dated January 18, 2017, and March 21, 2017, and to restrain the marketing, sale and/or transfer of the former marital premises, pending hearing and determination of the appeals, and to consolidate the appeals.

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 appeals purportedly taken as of right from the orders dated November 21, 2016, and January 18, 2017, 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 to consolidate the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MALTESE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court