| Tudor v Tudorovic |
| Motion No: 2017-08130 |
| Slip Opinion No: 2017 NY Slip Op 95623(U) |
| Decided on December 14, 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
M243142
E/ct
MARK C. DILLON, J.P.
ROBERT J. MILLER
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-08130, 2017-08131 Elaina Tudor, respondent, v George Tudorovic, appellant. (Index No. 54319/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated December 1, 2016, and a judgment of the same court dated April 4, 2017, pending hearing and determination of appeals therefrom. Cross motion by the respondent to dismiss the appeals as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition 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 on the Court's own motion, the appeal from the decision 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; and it is further
ORDERED that the branch of the cross motion which is to dismiss the appeal from the decision is denied as academic, and the cross motion is otherwise denied.
DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court