| Sagaria v Sagaria |
| Motion No: 2018-05858 |
| Slip Opinion No: 2018 NY Slip Op 76041(U) |
| Decided on June 26, 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
M251738
E/afa
REINALDO E. RIVERA, J.P.
MARK C. DILLON
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2018-05858 John Sagaria, plaintiff, v Cynthia Sagaria, defendant. (Index No. 8102/13)
| DECISION & ORDER ON MOTION |
Motion by John Sagaria for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated May 17, 2018, and to stay enforcement of the order and the trial in the above-entitled action, pending hearing and determination of the appeal.
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 as unnecessary as the order is appealable as of right (see CPLR 5701) without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew after a timely notice of appeal has been filed.
RIVERA, J.P., DILLON, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court