Williams v Fury
Motion No: 2018-09133
Slip Opinion No: 2018 NY Slip Op 85396(U)
Decided on October 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256082

E/mm

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-09133

Susan B. Williams, respondent,

v James M. Fury, defendant;

Barry J. Gross, etc., nonparty-appellant.

(Index No. 200218/16)

DECISION & ORDER ON MOTION

Motion by Barry J. Gross for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered June 7, 2018, and to direct that the sum of $27,857.75 from the proceeds of the sale of the marital residence or other equitable distribution be placed in escrow 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; 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.

LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court