Appellate Division: Second Judicial Department

M257513

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2018-11822 Maria Durante, respondent, v John Durante, appellant. (Index No. 203146/15)

DECISION & ORDER ON MOTION

2018-11823

Maria Durante, respondent,

v John Durante, appellant.

(Index No. 203146/15)

Motion by John Durante on appeals from a decision and an order of the Supreme Court, Nassau County, both dated August 29, 2018, inter alia, for leave to appeal to this Court from the decision, for an expedited briefing schedule, to stay enforcement of the order and stated portions of the decision, as well as all proceedings in the above-entitled action, pending hearing and determination of the appeals.

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 from the decision is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the appeal from the order 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 otherwise denied as academic.

AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court