| Durante v Durante |
| Motion No: 2018-08968 |
| Slip Opinion No: 2018 NY Slip Op 81611(U) |
| Decided on August 27, 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
M254575
E/mm
ALAN D. SCHEINKMAN, P.J.
LEONARD B. AUSTIN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2018-08968 Maria Durante, respondent, v John Durante, appellant. (Index No. 203146/15)
| DECISION & ORDER ON MOTION |
Motion by John Durante for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 23, 2018, and, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Cross motion by the respondent to impose a sanction upon the appellant and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the cross 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; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied.
SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court