| Quesenberry v Quesenberry |
| Motion No: 2018-09820 |
| Slip Opinion No: 2018 NY Slip Op 81505(U) |
| Decided on August 24, 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
M254579
E/rr
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2018-09820 Heather Quesenberry, respondent, v Michael Quesenberry, appellant. (Index No. 1264/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of a decision of the Supreme Court, Putnam County, dated July 19, 2018, as permits the respondent to relocate with the subject children to Newton, Connecticut, and to direct that the subject children shall continue to reside in Mahopac, New York, pending hearing and determination of an appeal from the decision.
Upon the papers filed in support of the motion and the papers filed in opposition 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 as academic.
RIVERA, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court