Youngwall v Youngwall
Motion No: 2019-00326
Slip Opinion No: 2019 NY Slip Op 61150(U)
Decided on January 18, 2019
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

M259437

J/afa

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2019-00326, 2019-00327

Perry K. Youngwall, respondent,

v Christine Youngwall, appellant.

(Index No. 201396/17)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated December 20, 2018, and November 15, 2018, respectively, inter alia, to stay the trial pending hearing and determination of the appeals, for an award of counsel fees, and to consolidate the appeals.

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 order dated December 20, 2018, 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 branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

ROMAN, J.P., COHEN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court