| Matter of Lew v Sobel |
| Motion No: 2017-10403 |
| Slip Opinion No: 2017 NY Slip Op 91299(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M240665
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.
|
2017-10403 In the Matter of Mark Lew, respondent, v Gail Sobel, appellant. (Index No. 8596/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated September 19, 2017, and to direct that certain college expenses be paid, pending hearing and determination of an appeal from the order. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the cross motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court