| Marino v Marino |
| Motion No: 2018-04915 |
| Slip Opinion No: 2018 NY Slip Op 83348(U) |
| Decided on September 14, 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
M255273
E/mm
SANDRA L. SGROI, J.P.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-04915 Donna Marino, respondent, v Frank Marino, appellant. (Index No. 202775/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated May 11, 2018, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated February 16, 2018, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal had not been granted, to reinstate the appeal, and to stay enforcement of stated portions of the order 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 motion is denied.
SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court