| Garcia v Garcia |
| Motion No: 2018-00330 |
| Slip Opinion No: 2018 NY Slip Op 64851(U) |
| Decided on February 22, 2018 |
| 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
M245937
E/rr
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2018-00330 Elizabeth Garcia, appellant, v Leonard D. Garcia, respondent. (Index No. 21001/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay entry of a judgment in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Queens County, dated November 9, 2017.
Upon the papers filed in support of the 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 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.
AUSTIN, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court