Mahoney v Mahoney
Motion No: 2018-10579
Slip Opinion No: 2018 NY Slip Op 86228(U)
Decided on October 16, 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

M256429

E/mm

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-10579

Patricia E. Donovan Mahoney, appellant,

v Kenneth R. Mahoney, respondent.

(Index No. 57283/17)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a decision of the Supreme Court, Westchester County, dated August 15, 2018, pending hearing and determination of an appeal therefrom.

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.

LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court