| Hyun-Jung Kim v Sang H. Jho |
| Motion No: 2018-10187 |
| Slip Opinion No: 2018 NY Slip Op 84375(U) |
| Decided on September 25, 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
M255668
E/mm
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2018-10187 Hyun-Jung Kim, appellant, v Sang H. Jho, respondent. (Index No. 11821/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 1, 2018, and to direct that the subject children be enrolled in a certain school for the 2018/2019 school year, pending hearing and determination of an appeal from the order.
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 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court